HR Management & Compliance

Two Big Age Bias Settlements—and 3 Lawsuit Prevention Tips

Several new age bias settlements have hit the California headlines. Electronics retailer Best Buy will pay $17,500 to settle a lawsuit filed by the Equal Employment Opportunity Commission on behalf of a 68-year-old job applicant who contended he was denied employment because of his age. According to the suit, Reinhold Schouweiler was rejected for a customer service job at Best Buy’s Gilroy store in favor of younger, less qualified applicants.

In another development, talent agency International Creative Management Inc. (ICM) has agreed to pay $4.5 million to settle a class action lawsuit charging that the agency discriminated against more than 150 television writers over age 40 by refusing to represent and refer older writers for work with the major television networks and studios. This suit is just one of about two dozen age-bias lawsuits that were filed against the entertainment industry in 2000 alleging that older writers were systematically shut out of jobs. This lawsuit against ICM is the first to be resolved, and the result could pave the way for settlements in the other pending cases.


Don’t let your company become the next age bias headline. Download our exclusive Special Report, The Complete Guide to Understanding and Preventing Age Bias in the Workplace.


These two cases, and many others like them, signal the need for California employers to take proactive steps to avoid age bias in the workplace. What can you do? Here are three tips:

  • Don’t rely on stereotypes in making employment decisions. It’s a mistake to assume that older employees are less flexible or less willing to learn new skills, such as adapting to new computer systems or accepting a promotion that would require a lot of travel, or that they can’t relate to a younger clientele or audience.
  • Conduct EEO and antiharassment training for your managers and your entire workforce, making sure to cover the problem of age discrimination.
  • Make sure that employment decisions are reviewed by HR or a neutral higher-level manager.

Update: Religious Discrimination Verdict Reduced

We recently reported on a $6.5 million jury verdict for Lynn Noyes, an employee of Kelly Services, who claimed she was denied promotion because she didn’t belong to the Fellowship of Friends, a religious organization to which her manager belonged. Noyes contended that the manager favored co-workers who belonged to the Fellowship. (Click here for the article.)

Now, a judge has reduced the verdict to $1.2 million—still a sizeable sum—on the grounds that the company’s behavior wasn’t so reprehensible as to warrant punitive damages. The judge, however, added another $765,972 to compensate Noyes for her attorney’s fees.


Download Your Special Report Today—And Learn How to Prevent Age Bias

Our population is aging. Big money verdicts and settlements in age discrimination suits against California employers are regularly hitting the headlines. And you don’t want your organization become the next big target for an age bias lawsuit.

Our comprehensive Special Report, The Complete Guide to Understanding and Preventing Age Bias in the Workplace, gives you the latest information on what constitutes age discrimination and the steps you can take to prevent it. This report also examines areas that raise special age bias issues, including hiring, layoffs, mandatory retirement, and employee benefits. It also explains why your older—and often most experienced—workers can be a valuable asset, and how to reap the benefits of a seasoned workforce.

CEA Online subscribers can download their complimentary copy here. Or, you can get instant access to this valuable Special Report by signing up for a free 7-day trial of CEA Online. Just click here to get started.

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