Carlin & Buchsbaum, LLP Menu Contact
Fighting For Employee Rights Since 1970 : Long Beach, CA
Free Consultations 866-915-3589 | 562-606-0382
View Our Practice Areas

Age discrimination lawsuit could affect California workers

California workers should be aware of an age discrimination lawsuit that is pending against Texas Roadhouse, a national restaurant franchise. In 2009, a 40-year-old Florida woman applied for a job as a server at one of the chain's locations. The worker claims she had two years of restaurant experience before applying.

After the manager told the applicant that someone would get back to her, she did not receive any call. When she called the restaurant, she was told that they were not hiring, only to find out that the 19-year-old daughter of a friend with no prior experience was hired. The denied applicant is just one of 55 men and women who are claimants in a lawsuit brought against the company by the U.S. Equal Employment Opportunity Commission. The lawsuit was filed in Boston and states that the chain discriminated against workers 40 and older by refusing to hire them as front-of-house employees.

Age discrimination cases often revolve around the dismissal of older workers, but age bias is often difficult to prove. The franchise, which has approximately 43,000 employees at 450 locations across the country, has argued that its policies are lawful since they are job-related. Trial has been scheduled for January 2017, and the lawsuit is expected to set a precedent for companies that claim younger employees are necessary to attract customers. The federal Age Discrimination in Employment Act forbids employers to discriminate against workers ages 40 and older in hiring and layoffs.

Age discrimination often makes it difficult for older workers to obtain jobs, get promoted or retain their current positions. It is often difficult to prove that the discrimination occurred without having an inside view into the hiring process. An attorney may be able to provide assistance to those who are claiming discrimination when it comes to proving that a company's policies violate the ADEA.

No Comments

Leave a comment
Comment Information

Carlin & Buchsbaum, LLP

555 East Ocean Boulevard, Suite 818
Long Beach, CA 90802

Toll Free: 866-915-3589
Phone: 562-606-0382
Phone: 562-432-8933
Fax: 562-435-1656
Long Beach Law Office Map

Review Us

Contact Us For A Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy