Brigette Honaker  |  November 26, 2019

Category: Labor & Employment

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A recent Barnes & Noble class action claims that the bookstore’s new owners purged older employees in a “campaign of age discrimination.”

In August, private equity hedge fund Elliot Management Corp. took over Barnes & Noble. For the past few decades, the bookstore has reportedly struggled to stay relevant and competitive in a growing technological market. Since 1997, Barnes & Noble has closed almost 400 stores around the country.

The new owners of Barnes & Noble allegedly aimed to cut costs and drive sales which they accomplished by firing employees over the age of 40, such as plaintiff Barbara Tavres.

Tavres says she worked loyally for Barnes & Noble as a community relations manager for more than 12 years. She claims that she received “glowing performance reviews” and even won an “Above & Beyond” award in 2016. This all changed when she was reportedly fired in September.

When Tavres was fired from Barnes & Noble, she was allegedly told that the store is “no longer interested in ‘book people.'” Instead, she was told that they were “only hiring sales people.” Tavres argues that “book people” is code for older workers while “sales people” refers to younger workers.

“In its effort to avoid growing ‘stale’ and to foster its ‘shiny and new’ public image, Barnes & Noble determined that these older workers no longer looked the part,” the plaintiff says.

As a result of this alleged hiring trend, Barnes & Noble discriminated against older workers by systematically firing them.

Tavres claims that her termination and the firing of other older employees was discriminatory and violated California labor laws.

“Barnes & Noble has also implemented policies and practices that have a disparate impact on workers age 40 and older, such that workers age 40 or older are terminated from employment at a disproportionate rate compared with workers who are under 40 years old,” the Barnes & Noble class action lawsuit claims.

Following her termination, Tavres reportedly filed a complaint against Barnes & Noble with the California Department of Fair Employment and Housing, cross filed with the Equal Employment Opportunity Commission. She reportedly received “right to sue” notices from both authorities.

Tavres argues that she has exhausted all available administrative remedies and has sufficient standing to sue on behalf of hundreds of potential Class Members.

The former Barnes & Noble employee seeks to represent a Class of Californian Barnes & Noble workers “who were actually or constructively discharged within the class period and who were 40 years of age or older when so discharged” since November 2018.

Were you fired from Barnes & Noble due to your age? Share your experiences in the comment section below.

Tavres and the proposed Class are represented by David M. Given, Nicholas A. Carlin and Brian S. Conlon of Phillips Erlewine Given & Carlin LLP.

The Barnes & Noble Age Discrimination Class Action Lawsuit is Tavres v. Barnes & Noble Inc., Case No. 3:19-cv-07655, in the U.S. District Court for the Northern District of California.

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12 thoughts onBarnes & Noble Class Action Says Firing ‘Book People’ Is Code For Age Bias

  1. Michelle Rieman says:

    If you decide to add booksellers from outside California, you’ll find so many more. There was a silent wave about a year before the 1800 and by the time we started to find each other, we were all too tired/broke/over it to do anything about it. All of our situations were similar to this one!

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