U.S. Judge Dismisses Free Speech/Free Press Claim

The Selection Officer for the SSA says one reason he didn’t hire the plaintiff (me) is because she (I) wrote an employment law blog on workplace abuse.

Chief U.S. District Judge Miranda Du of Nevada this week dismissed a claim in a lawsuit that I filed against the Social Security Administration (SSA), after it rejected me for a job for which I was superbly qualified in the aftermath of the Great Recession (2011).

A novice SSA Selection Officer said one reason he didn’t select me for hire was because he thought my fledgling employment law blog, When the Abuser Goes to Work, was a “red flag” and he was concerned I might one day question his management skills.

I began the blog as a public service in connection with my book, Surviving Bullies, Queen Bees & Psychopaths in the Workplace. The blog, syndicated by Newstek, is legally and unquestionably a work of journalism.

The shocking age discrimination I experienced when I applied for the SSA job in Reno, NV, in the waning days of the Great Recession, prompted me to research age discrimination and write my groundbreaking book, Betrayed: The Legalization of Age Discrimination in the Workplace.

A few tibits – 26 applicants (all but one under the age of 40) responded to a ridiculously narrow recruitment for five attorney vacancies. I found out about the vacancies by chance when I saw an announcement on USAJobs for a different job at the Reno office. The SSA repeatedly tried to hire five candidates under the age of 40 but was thwarted when candidates rejected job offers. The ninth selectee was the only other candidate over the age of 40 (a 47-year-old male).

The SSA says the candidates were hired based on “personality” and “cultural fit.”

In 2019, Judge Du dismissed the entire case, calling it futile, and issued her ruling with prejudice (barring me from refiling the case).

The Ninth Circuit

I filed an appeal with the Ninth Circuit Court of Appeals in San Francisco, which in 2021 reinstated my claim of systemic age discrimination, finding it “plausible,” and remanded the case back to Judge Du.

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Has The Dept. Of Justice Learned Nothing Since 2008?

Update: A bankruptcy judge on Nov. 18 over the objection of state attorneys general approved Purdue Pharma’s settlement with the DOJ resolving investigations into the OxyContin maker’s role in the opioid epidemic.

After causing a worldwide financial crisis in 2008, the well-heeled Wall Street executives who were responsible went to Florida and the Bahamas.

Not to jail.

The failure of the administration of former President Barack Obama to prosecute the financial titans whose greed triggered the worst economic collapse in a hundred years shook the faith of Americans in the U.S. justice system, contributing to the cynical attitude that justice is for penny ante car thieves but not the rich and powerful.

Is history about to repeat itself?

The U.S. Department of Justice (DOJ) has announced a “global resolution of its criminal and civil investigations” into Purdue Pharma, LP, which spurred an opioid epidemic that wrought utter devastation for years throughout the U.S. The $8.3 billion plea deal must be approved by the bankruptcy court.

The DOJ settlement states that it does not release from criminal liability the Sackler family, which owns Purdue Pharma, or company executives -but the “global resolution” also doesn’t impose criminal liability.

The Sacklers

The Sackler family reportedly earned more than $10.7 billion in profits through the sale of Purdue’s addictive opioid painkiller, OxyContin. The company rewarded physicians for oversubscribing the drug, which is blamed for the deaths of an estimated 450,000 Americans since 1999.

Continue reading “Has The Dept. Of Justice Learned Nothing Since 2008?”

AARP Rewrites Modern History Of Age Discrimination; Emerges Heroic

The AARP has devoted an issue of its monthly publication to age discrimination in which it announces that ageism remains an “accepted bias” and assures readers that it is “fighting” the problem

But the AARP fails to note that the AARP quashed a story that was supposed to run in the issue about the federal government’s  Pathway’s Program, which excludes older workers from federal jobs, reportedly because it didn’t want to jeopardize its federal grants or rock the boat.

The AARP also omits the fact that it virtually ignored age discrimination until after the 2014 publication of my  groundbreaking book, Betrayed: The Legalization of Age Discrimination in the Workplace. which exposes the failure of the Age Discrimination in Employment Act of 1967 (ADEA) to protect older workers during and since the Great Recession. Continue reading “AARP Rewrites Modern History Of Age Discrimination; Emerges Heroic”