X, formerly Twitter, Get Green Light in Age Bias Lawsuit

Santa Clara, CAA California federal judge has been urged to certify a proposed age discrimination collective action against X Corp, formerly Twitter, on behalf of older workers who were fired during Elon Musk’s massive layoffs in 2022.

Last September, the age discrimination lawsuit was allowed to proceed after the judge partially denied the company’s attempt to toss the California labor complaint, and the plaintiff was advised to amend his complaint.

Age Bias Evidence

The plaintiff John Zeman became a former employee of X when he was 63 years old. Zeman told the court that he performed as well as if not better than those under the age of 50 who were not laid off and that the reduction in force was "hurried," and gave little regard to each employee's job performance, reported Law360.

The court was told that a statistical analysis shows that older workers were laid off in disproportionately significant numbers. Zeman claims X laid off 60% of workers who were 50 or older and nearly three-quarters of those who were over 60, compared with 54% of employees younger than 50. Twitter laid off half its workforce—including the entire human rights team-- in early November 2022, affecting about 3,700 people, or 50% of the staff.

X tried to have the case dismissed last August 2023, but US District Judge Susan Illston ruled that the federal law banning workplace age bias allows plaintiffs to bring so-called "disparate impact" claims in a class action. The disparity, coupled with other evidence is enough to show age bias, Illston said.

As well, Zeman had provided enough evidence that the mass layoffs had a greater impact on older employees to continue pursuing the case.

Zeman’s attorney added that Musk had made "disparaging" remarks about older adults, and how they are “out of touch with younger adults”. She cited a 2022 interview in which Musk stated: “I don’t think we should try to have people live for a really long time…That it would cause asphyxiation of society because the truth is, most people don’t change their mind… they just die. So, if they don’t die, we will be stuck with old ideas and society wouldn’t advance…”

Those comments, said his attorney, are enough to meet the lenient initial burden just to get notice out to people so they can decide whether or not they want to join the case.

However, Illston dismissed a claim that X intentionally targeted older workers for layoffs, but gave Zeman a month to file an amended lawsuit fleshing out that claim, according to Reuters. 

In April the company's motion to dismiss was denied. Judge Illston said Zeman’s amended complaint had addressed the court's previous concerns that his disparate treatment claims brought under the Age Discrimination and Employment Act and New York law weren't fully fleshed out.

Zeman’s lawsuit is just one of several that X is facing after the November lay-offs, including a few lawsuits claiming the company owes around 2,000 former Twitter employees at least $500 million in severance pay. Another case involves allegations that X laid off employees and contractors without the required advance notice and that Musk forced out workers with disabilities by refusing to allow remote work and calling on employees to be more "hardcore.”

The case is JOHN ZEMAN, Plaintiff, v. TWITTER, INC., et al., Defendants.No. 23-cv-01786-SI