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Employment Law
Age Discrimination
Disparate Treatment

Andrews v. Lawrence Livermore National Security, LLC

Published: Mar. 10, 2012 | Result Date: Feb. 9, 2012 | Filing Date: Jan. 1, 1900 |

Case number: RG09453596 Bench Decision –  Plaintiff

Court

Alameda Superior


Attorneys

Plaintiff

J. Gary Gwilliam
(Gwilliam, Ivary, Chiosso, Cavalli & Brewer APC)


Defendant

Patricia K. Gillette
(JAMS)


Facts

In 2008, Lawrence Livermore National Security LLC's management laid off 440 of its employees. Many of those laid off were over the age of 40. The laid-off workers sued Lawrence Livermore for breach of contract and charged them with age discrimination.

Result

Judge Robert Freedman found that there was not sufficient evidence to prove age discrimination and dismissed the disparate treatment claims. Plaintiffs were allowed to amend their lawsuit to add disparate impact claims. Judge Freedman also dismissed claims for intentional infliction of emotional distress, breach of implied contract, and wrongful termination.


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