Seasons 52 restaurant is facing a lawsuit in federal court alleging age related discrimination and unfair hiring practices. The lawsuit alleges that the restaurant chain refused to hire applicants over the age of forty when opening new restaurants since 2010.
Applicants in the age bracket in question who failed to secure jobs were given a variety of reasons as to why they didn’t get hired; some clearly seemed to show the chain’s discrimination. Applicants were told that they had too much experience, that they didn’t fit in with the chain’s youthful direction and even that the restaurant wasn’t in the market to hire “old white guys.”
Representatives for the restaurant chain have denied the allegations and claim that Seasons 52 is proud to offer a diverse and non-discriminating environment for employees. The legal team for the plaintiffs has statistics that seem to show though that the hiring practices aren’t quite as “diverse” as the company claims when it comes to bringing on older servers and bartenders.
Plaintiffs are seeking unspecified monetary damages for being wrongfully denied employment based on their age. The lawsuit also hopes to put an end to the discriminating hiring practices at Seasons 52 in an effort to create a scenario were employees are hired at the restaurant based on experience and ability rather than age.
Employers can’t deny a qualified applicant employment solely based on personal characteristics like age, race or gender. If you feel as though you have been wrongfully denied employment or wrongfully terminated because of any of the reasons above, you need to seek legal advice immediately. An experienced California attorney can delve into the details of your claim, along with the details of company hiring policy and operational procedure to determine if there is evidence of discrimination. If your company violated your rights in any way your attorney can work to help secure you damages for lost wages.
Age discrimination is illegal and prohibited by both California and federal laws. The California Fair Employment and Housing Act makes it unlawful for any employer with over 5 employees to discriminate against an employee based on an unlawful reason, such as race, national origin, ethnicity, gender, sexual orientation, religion, language, or any other protected reason. California law is actually broader than federal laws, with respect to age discrimination. FEHA makes it presumptively unlawful for an employer to use “salary” as the basis for selecting employees for layoffs. This is in stark contrast to the Age Discrimination in Employment Act (ADEA), which permits employers to take action based on “reasonable factors other than age” Individuals who succeed in bringing age discrimination claims are entitled to back-pay, compensatory damages, and attorneys’ fees.
In addition, the Age Discrimination in Employment Act of 1967 (ADEA) prohibits employment discrimination for workers over the age of 40. Any settlement agreement of an age discrimination claim must conform to the standards of the 1990 Older Workers Benefit Protection Act (OWBPA).
AXIS Legal Counsel is an employment law firm representing clients in numerous kinds of lawsuits and disputes involving some of the nation’s largest employers. Whether it is sexual harassment, other kinds of harassment, discrimination, medical/disability discrimination, retaliation, hostile work environment, wage/hour, workplace bullying, or other claims, AXIS Legal Counsel is experienced in the field of employment and labor law and focused on providing high-quality legal service. AXIS’s managing attorney, Rabeh M. A. Soofi, is recognized as one of the “Top Women Lawyers in Southern California” by SuperLawyers Rising Stars, and is a Los Angeles Employment Attorney with experience representing numerous employees with a wide variety of employment claims.
For information on retaining AXIS Legal Counsel for any employment matter, contact firstname.lastname@example.org or call (213) 403-0130 for a confidential consultation, or visit our Employee’ Rights Practice Area, or Individual Rights Portal. AXIS is a Los Angeles, California employment law firm serving employees all over Los Angeles and California.