Legal Question in Employment Law in California

Re: Senority?

It certainly sounds like age discrimination could be a viable claim. In addition, if the change in schedule is related to the Union organization effort or is a "unilateral change" initiated by the employer without bargaining with the union, other claims may exist. If you are in the Southern California Area, feel free to contact me for further analysis

Re: Senority?

It sounds like your husband has a credible claim for age discrimination. To prove age discrimination you have to show that (1) you are a member of a protected class -- if you are 40 or over you prove this "element," of the claim; (2) you were treated differently than someone younger (although you can sometimes state a case even if the person treated better is not younger). The company would then have to show that there is a valid business reason for treating your husband differently. Your husband would then have the "burden of proof" to show that either the reason given by the company is false; or the real reason that he was not given the hours is because they are discriminating based on age. In these types of cases, negative remarks by management about age are very helpful (but not absolutely necessary.) There may be other issues that your husband can sue for, given the facts of the case. I would suggest that your husband send a letter under his own name (although it might be reviewed by a lawyer) certified mail to a company owner complaining that he is not getting work, and write specifically that he believes he is being discriminated against based on his age. (Send the letter to the highest person in the company you can send it to.) Good luck -- feel free to email, off-list, if you have further questions. (And remember that you have a year from the last discriminatory act to file a claim with the Department of Fair Employment and Housing -- which you must do if you intend to file a lawsuit for any type of discrimination.)