Amended Complaint Alleges Amazon and T-Mobile Discrimination Against Older Job Applicants

On June 11th, a group of older job seekers attempted to bolster their complaints against Amazon and T-Mobile, alleging that the two companies had discriminated against their age by placing age limitations on Facebook advertisements listing the open positions.  The group of plaintiffs had originally submitted these claims in 2017, but U.S. District Judge Beth Labson Freeman dismissed them in March of this year on the grounds that the plaintiffs had failed to identify job listings they would have qualified for had they not been limited by the advertisement’s age restrictions.

The amended complaint submitted Thursday includes specific postings that named plaintiffs would be qualified to apply for had they not been excluded from viewing Amazon and T-Mobile’s advertisements on Facebook, including posts such as Copywriter, Video Editor, and Customer Support Representative positions.  The plaintiffs cite the employer defendants as violating the Age Discrimination in Employment Act passed by Congress in 1967, which prohibits “age discrimination in employment advertising and recruiting”.  The amended complaint alleges that regardless of the content of the advertisement or notice, the very practice of excluding people of a certain age from viewing job advertisements constitutes the publishing of an advertisement which indicates a preference of employee based on age.

The four named plaintiffs in the case, Linda Bradley, Maurice Anscombe, Laura Callahan, and Richard Haynie, seek to represent a nationwide class of older job seekers who have been denied access to job advertisements and recruitment as a result of their age.  The case is before District Judge Beth Labson Freeman in the California Northern District Court.

The legal team at SFMS has significant experience litigating employment class action matters, including discrimination cases. If you have any questions regarding this subject or this posting, please contact John Roberts (jroberts@sfmslaw.com) or Alec Berin (aberin@sfmslaw.com). We can also be reached toll-free at (866) 540-5505.

Shepherd, Finkelman, Miller & Shah, LLP is a law firm with offices in California, Connecticut, Florida, New Jersey, New York, and Pennsylvania. SFMS is an active member of Integrated Advisory Group (www.iaginternational.org), which provides us with the ability to provide our clients with access to excellent legal and accounting resources throughout the globe. For more information about our firm, please visit contact us online.

Author: Ho Yin Cheung

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