Judge Decides Age Discrimination Lawsuit Against X Can Proceed

A federal judge has allowed a class-action lawsuit against X (formerly Twitter) to proceed, alleging age discrimination in mass layoffs following Elon Musk’s acquisition.

At a Glance

U.S. District Judge Susan Illston ruled that the lawsuit against X for alleged age discrimination can move forward.
The case claims that older employees were disproportionately affected by mass layoffs after Elon Musk’s takeover.
Around 150 older workers can now potentially join the class-action lawsuit.
This is one of several legal challenges X is currently facing.
The case highlights ongoing concerns about age discrimination in the tech industry.

Judge Allows Age Discrimination Lawsuit Against X to Proceed

In a significant development, U.S. District Judge Susan Illston has ruled that a lawsuit alleging age discrimination against X, formerly known as Twitter, can proceed. The case, which stems from mass layoffs following Elon Musk’s acquisition of the company, claims that older employees were disproportionately affected by the workforce reduction.

The lawsuit, filed by former employee John Zeman, contends that 60% of workers aged 50 or older and nearly 75% of those over 60 were laid off, compared to 54% of employees under 50. Judge Illston’s decision allows approximately 150 older workers who were part of the November 2022 layoffs to potentially join the class-action lawsuit.

A federal judge has ruled that roughly 150 older workers who were laid off by social media platform X when Elon Musk acquired the company can sue for age discrimination as a class, exposing the company to millions of dollars in potential damages https://t.co/aYA6zs7NFt pic.twitter.com/yZjaiSHVQ1

— Reuters Legal (@ReutersLegal) September 4, 2024

Legal Implications and X’s Challenges

This lawsuit is just one of around a dozen legal challenges X is currently facing after Musk decided to lay off roughly half of Twitter’s workforce. The Age Discrimination in Employment Act of 1967 (ADEA) prohibits employment discrimination against individuals 40 years of age or older, aiming to promote employment based on ability rather than age.

“Plaintiff has shown beyond mere speculation that Twitter may have discriminated against older employees in the November 4, 2022 (mass layoff), which constitutes a single decision that affected all members of the proposed class,” Illston argued.

While the judge dismissed a claim that X intentionally targeted older workers, she allowed Zeman a month to amend the lawsuit to support that claim. This decision underscores the complexity of proving age discrimination cases and the challenges companies face in implementing large-scale workforce changes.

Broader Context of Age Discrimination Cases

The case against X highlights ongoing concerns about age discrimination for workers. One specific case from 2004, brought forward by Jack Gross, is known for setting a legal precedent that made it more difficult for employees to win age discrimination cases under the ADEA.

Gross, who sued after he was demoted at FBL Financial Group, eventually lost his case thanks to a ruling from the Supreme Court, which determined employees had to prove age was the deciding factor that impacted them, not just a motivating one. “A lot of people are being hurt based on my case,” he eventually said of the ruling. “That’s my big regret. But if I had to do it over again, I am fairly confident I would come to the same decision today.”

Implications for Employers and Employees

As the lawsuit against X progresses, it may draw attention to the broader issue of age discrimination in the workplace and influence how other tech companies approach workforce management in the future. The outcome of this case could have far-reaching implications for both employers and employees in the rapidly evolving tech industry landscape.