Update! Mr Don Parret filed an age discrimination lawsuit against Xbiz, his former employer. MikeSouth.com reported on this lawsuit on March 10th 2022. To learn more about that article, READ MORE HERE
Former respected adult industry journalist Don Parret has filed a lawsuit against Xbiz in May 25th 2021. It was widely perceived, that the dispute would have reached an amicable agreement and thus a favorable settlement. However, after an arbitrary mediation between, Don Parret the plaintiff, and defendant XBiz, No agreements could be reached, therefore the case heads to a jury trial.
After the latest round of hearings, the last being on April 6th 2023, the case is set to go forward with a jury trial
The Basis for an Xbiz age discrimination lawsuit brought by Don Parret
The lawsuit seeks damages for discrimination based on the plaintiff’s age, and creating a toxic work environment in short, Don Parret is suing XBIZ for age discrimination and for unlawful employment practices. The lawsuit details a toxic work environment. Don Parret, the plaintiff, states he was subjected to being constantly bullied, harassed, and intimidated by his co-workers and his boss.
In the complaint, Don Parret alleges, XBIZ “took advantage of their employees by knowingly engaging in unlawful employment practices. It is alleged xbiz actions discriminated against their employees for ageism, while benefiting from xbiz blatant unlawful employment activities.”
The complaint levied, age discrimination and unfair labor practices committed by Xbiz
Don Parret worked for XBIZ from March 2004 to March 2019. According to the complaint, Don was let go just because he was “too old.”
The Basics. California Labor Laws, and age discrimination violations
California labor laws safeguard workers who are 40 years old and above from discrimination, in the workplace. The California Department of Fair Employment and Housing (DFEH) is responsible for enforcing these laws. Investigations are conducted and hold employers accountable for any form of age discrimination. If employees feel that they have been discriminated against based on their age, they can file a complaint with DFEH, who will thoroughly investigate the claim and determine whether there is sufficient evidence to pursue the case.
What a potential Jury would be instructed to examine at its core
California Juries look for evidence of discrimination on the basis of age to award plaintiffs. In order to be successful in a civil age discrimination case, plaintiffs must show that their employer discriminated against them, based on their age. Furthermore, that discrimination caused them harm.
Don Parret would have to provide evidence of a pattern of age-based discrimination, Any particular incident of age-based discrimination, can be used to prove discrimination occurred. The jury will also consider the employer’s actions and motivations to determine if age discrimination was at play.
Age discrimination involves treating an applicant or employee less favorably because of his or her age. The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older.
What are the disparate treatment elements in California?
To establish a prima facie case of disparate treatment under Title VII, a plaintiff must show “(1) he is a member of a protected class; (2) he was qualified for his position; (3) he experienced an adverse employment action; and (4) similarly situated individuals outside his protected class were treated more favorably.” …
