Bloomberg Law
Jan. 17, 2018, 6:54 PM UTC

Google Job Seekers Can’t Sue for Alleged Unintentional Age Bias

Patrick Dorrian
Patrick Dorrian
Reporter

A group of workers age 40 and over who claim Google didn’t hire them because of their age will have to prove the alleged bias was intentional.

That’s because the federal judge in California handling the class action case ruled Jan. 12 that the workers can’t add a disparate impact—or unintentional bias—claim to their lawsuit against the internet giant. Under job discrimination law’s disparate impact theory, workers may sue for the unintended discriminatory consequences of an employer’s seemingly neutral hiring practices. Such claims differ from disparate treatment, or intentional bias, claims and are established mostly through statistical evidence relating to ...

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