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Case 8:14-cv-01922-AG-DFM Document 1 Filed 12/04/14 Page 1 of 25 Page ID #:1
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`GERAGOS & GERAGOS
`
` A PROFESSIONAL CORPORATION
` LAWYERS
` HISTORIC ENGINE CO. NO. 28
` 644 South Figueroa Street
` Los Angeles, California 90017-3411
` Telephone (213) 625-3900
` Facsimile (213) 625-1600
` Geragos@Geragos.com
`
`SBN 108325
`MARK J. GERAGOS
`SBN 277412
`BEN J. MEISELAS
`GREG L. KIRAKOSIAN SBN 294580
`TYLER M. ROSS
`SBN 292263
`
`SAMINI SCHEINBERG, PC
`BOBBY SAMINI
`SBN 181796
`NICOLE PRADO
`SBN 269833
`MATTHEW M. HOESLY SBN 289593
`949 S Coast Dr., Suite 420
`Costa Mesa, CA 92626
`Telephone: (949) 724-0900
`
`Attorneys for Plaintiff JENNIFER YOUNG
`
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`
`CASE NO.: 8:14-CV-01922
`
`COMPLAINT FOR DAMAGES
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`1. AGE HARASSMENT;
`2. AGE DISCRIMINATION;
`3. DISABILITY
`DISCRIMINATION;
`4. INTENTIONAL
`INFLICTION OF
`EMOTIONAL DISTRESS;
`5. NEGLIGENT INFLICTION
`OF EMOTIONAL
`DISTRESS;
`6. NEGLIGENT RETENTION
`AND SUPERVISION;
`7. RETALIATION;
`8. WRONGFUL
`TERMINATION
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`DEMAND FOR JURY TRIAL
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`JENNIFER YOUNG, an individual;
` Plaintiff,
` vs.
`
`ZILLOW, INC., a Washington
`corporation; and DOES 1 through 50,
`inclusive,
` Defendants.
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` Los Angeles, California 90017-3411
` 644 South Figueroa Street
` HISTORIC ENGINE CO. NO. 28
`
`GERAGOS & GERAGOS, APC
`
`
`
`

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`Case 8:14-cv-01922-AG-DFM Document 1 Filed 12/04/14 Page 2 of 25 Page ID #:2
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`INTRODUCTION
`1.
`Plaintiff Jennifer Young, a forty-one year-old single mother of two,
`brings this action against Zillow, Inc., for its conduct in discriminating against her on
`account of her age and illegally terminating her following her hospitalization caused
`by the working conditions at Zillow. Specifically, Ms. Young was forced to stand and
`make cold calls for hours, and prohibited from sitting down despite her physical
`injuries, in what Zillow referred to as the “blitz” and the “wave.” Additionally, Ms.
`Young was precluded from professional advancement and promotions because of her
`age.
`
`2. Ms. Young began her employment with Zillow in 2014 and was
`promised a leadership role in the “Zillow family” with a six figure salary. Prior to her
`employment at Zillow, Ms. Young had a successful career in sales and was lured to
`Zillow with promises that Zillow had an exceptional workplace. What Ms. Young
`found instead, was the exact opposite.
`3. Ms. Young was quickly exposed to Zillow’s “frat house” and “boys club
`culture” where binge drinking and the willingness to participate in lewd discourse was
`rewarded by lucrative assignments in the form of Zillow managers routing incoming
`calls for potential sales leads.
`4.
`As a result of Ms. Young not participating in the conduct described
`above, Ms. Young’s sales manager would make comments to her during the course of
`her work day such as “are you too old to close?” and “try to keep up with us.” It was
`commonplace at the Zillow office for managers to inform employees, including Ms.
`Young, that if you do not “drink the Zillow kool-aid” there would be no opportunity
`for career advancement.
`5.
`Ultimately, on October 11, 2014, Ms. Young was hospitalized because
`her preexisting injuries caused by a car accident were exacerbated by the work
`conditions and work hours at Zillow. Specifically, Ms. Young was required to stay
`standing for up to three hours at a time, being wholly prohibited from sitting during
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` Los Angeles, California 90017-3411
` 644 South Figueroa Street
` HISTORIC ENGINE CO. NO. 28
`
`GERAGOS & GERAGOS, APC
`
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`

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`Case 8:14-cv-01922-AG-DFM Document 1 Filed 12/04/14 Page 3 of 25 Page ID #:3
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`these hours by her managers. This practice known as the “blitz” still occurs to this
`day.
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`6. Ms. Young notified her manager, the human resource department, and
`the Chief Executive Officer, Spencer Rascoff, of her injuries and provided a doctor’s
`letter reflecting her hospitalization as Zillow had requested. While she was
`hospitalized, Ms. Young also requested accommodations for her medical condition
`upon her return to work. Unbeknownst to Ms. Young, while she was hospitalized,
`Zillow had reassigned her book of business to other younger inside sales
`representatives at Zillow. Before Ms. Young could return to work, she was terminated
`on the pretextual grounds of “job abandonment” due to her hospitalization.
`7.
` Ms. Young was yet another victim of the pervasive culture of retaliation
`and harassment at Zillow that placed a premium on sales and a shortfall on human
`decency and basic employment rights.
`
`PARTIES
`8.
`Plaintiff Jennifer Young, at all relevant times, was an individual residing
`in Orange County, California.
`9.
`Defendant Zillow, Inc. (NASDAQ: Z), at all relevant times, was a
`Washington corporation with its headquarters and principal place of business in
`Seattle, Washington. Zillow is registered to do business in the State of California and
`maintains an office with over a hundred employees in Orange County, California.
`Zillow is an online home and real estate marketplace for homebuyers, sellers, renters,
`real estate agents, mortgage professionals, landlords, and property managers. Zillow
`claims its database contains more than 110 million U.S. homes. Zillow also operates
`the largest real estate and rental advertising networks in the country.
`10. Plaintiff is unaware of the true names and capacities of the Defendants
`named herein as Does 1 through 50, inclusive, and therefore sues said Defendants by
`such fictitious names. Plaintiff will seek leave of Court to amend this Complaint to
`allege the true names and capacities of said Defendants when the same are
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` Los Angeles, California 90017-3411
` 644 South Figueroa Street
` HISTORIC ENGINE CO. NO. 28
`
`GERAGOS & GERAGOS, APC
`
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`

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`Case 8:14-cv-01922-AG-DFM Document 1 Filed 12/04/14 Page 4 of 25 Page ID #:4
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`ascertained. Plaintiff is informed and believes and thereon alleges that each of the
`aforesaid fictitiously named Defendants is responsible in some manner for the
`happenings and occurrences hereinafter alleged, and the Plaintiff’s damages and
`injuries as herein alleged were caused by the conduct of said Defendants.
`JURISDICTION AND VENUE
`11. This Court has jurisdiction over this action pursuant to 28 U.S.C. ' 1332
`because the amount in controversy as to Plaintiff exceeds $75,000.00 exclusive of
`interest and costs and because Defendant is incorporated in a state other than the state
`in which Plaintiff resides and Defendant has its principal place of business and high-
`level officers which direct, control, and coordinate the corporation’s activities from its
`headquarters in Seattle Washington.
`12. This Court has supplemental jurisdiction over the remaining common law
`and state claims pursuant to 28 U.S.C. ' 1367.
`13. Venue is proper in this Court pursuant to 28 U.S.C. ' 1391 because a
`substantial part of the events giving rise to Plaintiff’s claims occurred in the Central
`District of California.
`
`GENERAL ALLEGATIONS
`Age Discrimination
`14. Ms. Young began her employment with Zillow as an Inside Sales
`Consultant on or about May 2014.
`15. Zillow management routinely and unapologetically subjected Ms. Young
`to despicable and inappropriate comments concerning Ms. Young’s age throughout
`her employment at Zillow.
`16. Specifically, Zillow’s managers would repeatedly direct comments
`towards Ms. Young including, but not limited to: (1) “younger people are faster”; (2)
`“you’re too old to close”; (3) “do you even know how to work a computer?”; and (4)
`“you can’t keep up with the rest of us.”
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` Los Angeles, California 90017-3411
` 644 South Figueroa Street
` HISTORIC ENGINE CO. NO. 28
`
`GERAGOS & GERAGOS, APC
`
`
`
`

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`Case 8:14-cv-01922-AG-DFM Document 1 Filed 12/04/14 Page 5 of 25 Page ID #:5
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`17. Zillow managers, employees, and supervisors repeatedly engaged in
`making these verbally abusive, harassing, and derogatory comments toward Ms.
`Young with specific reference to her age as well as inabilities on account of her age.
`Zillow managers and employees also unlawfully denied Ms. Young employment
`opportunities, participation in Zillow’s “sales call-ins”, and other benefits of
`employment based in substantial part on her age without any reasonable justification.
`18. Although Ms. Young successfully performed her duties and consistently
`met sales goas and other criteria established by Zillow, younger employees in the
`same position with less experience and less performance success than Ms. Young
`were given more favorable treatment. Zillow managers allowed these younger
`employees to participate in Zillow’s “sales call-ins” while denying Ms. Young the
`same opportunities. When Ms. Young questioned or complained about the ongoing
`harassment and denial of similar terms and conditions of employment, Zillow
`managers would make unabashed comments concerning her age, as described above.
`19. Disturbingly, these types of communications from Zillow management
`were commonplace during Ms. Young’s employment. Ms. Young also witnessed
`Zillow managers treat other employees over the age of forty similarly. Indeed, the
`Zillow office culture in Southern California has been described as an “adult frat
`house” where age discrimination and other forms of harassment are normalized,
`condoned, and promoted by Zillow’s management.
`Ms. Young’s Hospitalization and Termination
`20. Zillow management had a policy of refusing employees’ requests for
`legally-required meal and rest periods in violation of California Labor Codes section
`226.7 and 512. Ms. Young and other employees were regularly required to remain in
`the building during their meal and rest breaks and were required work at their desks
`during lunch.
`21. Zillow also had the unlawful policy of randomly designating specific
`hours of the day, which Zillow management would call “the wave” or “the blitz,” in
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` Los Angeles, California 90017-3411
` 644 South Figueroa Street
` HISTORIC ENGINE CO. NO. 28
`
`GERAGOS & GERAGOS, APC
`
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`

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`Case 8:14-cv-01922-AG-DFM Document 1 Filed 12/04/14 Page 6 of 25 Page ID #:6
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`which employees, including Ms. Young, were either not allowed to standup and/or
`were not allowed to sit down while the employee makes non-stop sales calls. These
`designated periods would routinely last for approximately two to three hours.
`22. Since the inception of Ms. Young’s employment, she was required to
`take part in these randomly designated “wave” or “blitz” periods in which she was not
`allowed to sit, stand, or take a break from making sales calls. Ms. Young understood,
`as did other employees, that if they did not participate in the “wave” or “blitz” their
`employment with Zillow would be terminated.
`23. On or about July 7, 2014, Ms. Young was hospitalized in connection with
`an automobile accident which caused injuries to her neck, back, and shoulders. Ms.
`Young informed her manager of her accident and hospitalization.
`24. Fearful that she would be terminated if she requested time off, since Ms.
`Young witnessed the termination of other employees who requested time off at
`Zillow, Ms. Young returned to work the following day. Despite Ms. Young’s
`consistent pain, she continued to work, successfully performed her duties, and
`consistently met her sales goals and other criteria established by Zillow.
`25. Following her car accident, Ms. Young would feel extreme pain in her
`back as a result of sitting or standing for the unreasonably long portions of time which
`Zillow required during the required “blitz” and “wave” call periods. On several
`occasions, Ms. Young would request that she be allowed her legally mandated meal
`and rest breaks, and also required that she be allowed to stand up or sit down during
`the required “blitz” and “wave” call periods.
`26. On several occasion, Ms. Young would inform management of her
`condition and difficulty showing up to work at 6:30 a.m. or need to go to physical
`therapy on her lunch breaks. Nonetheless, she was chastised and reprimanded on
`numerous occasions.
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` Los Angeles, California 90017-3411
` 644 South Figueroa Street
` HISTORIC ENGINE CO. NO. 28
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`GERAGOS & GERAGOS, APC
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`

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`Case 8:14-cv-01922-AG-DFM Document 1 Filed 12/04/14 Page 7 of 25 Page ID #:7
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`27. Zillow managers consistently and unapologetically denied her requests to
`take breaks, sit, or stand and inappropriately attributed her needs to be associated with
`her older age.
`28. After several months, Ms. Young’s back pain became so severe that she
`became substantially limited in major life activities including sleeping, working, and
`spending quality time with her two young children.
`29. On Thursday, October 9, 2014 at 11:09 a.m., Ms. Young emailed
`Zillow’s human resources representative, Tara Fournier, to discuss the following
`issues:
`a. Her legal claim in connection to her auto accident on July 7, 2014;
`b. The devastating effects the accident had taken on her physical condition;
`c. Complaints concerning her repeated reprimands for taking prior approved
`time off work in connection with her physical injury;
`d. Complaints concerning her repeated reprimands for being “late” to
`Zillow’s unlawfully required 6:30 a.m. start time;
`e. Her desire to continue working, despite her doctor’s recommendations,
`so she could provide for her children for Christmas.
`f. Complaints concerning her job stability;
`g. Complaints concerning Zillow’s encouragement to work overtime but
`Zillow’s failure to notify its payroll system of overtime hours works; and
`h. Request for reasonable accommodations in light of her physical
`limitations.
`A true and correct copy of this email is attached hereto as Exhibit “A.”
`30. On Thursday, October 9, 2014 at 1:59 p.m., Ms. Fournier acknowledged
`Ms. Young’s email but made no comments regarding any of her concerns except that
`“[o]ur legal team will reach out to your counsel directly to discuss these matters.” A
`true and correct copy of this email is attached hereto as Exhibit “B.”
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` Los Angeles, California 90017-3411
` 644 South Figueroa Street
` HISTORIC ENGINE CO. NO. 28
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`GERAGOS & GERAGOS, APC
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`

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`Case 8:14-cv-01922-AG-DFM Document 1 Filed 12/04/14 Page 8 of 25 Page ID #:8
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`31. On Friday, October 10, 2014 at 8:42 a.m., Ms. Fournier acknowledged
`Ms. Young’s email and her request to take a day off from work, but failed to address
`any of Ms. Young’s concerns. Ms. Fournier only requested “the contact information
`for your attorney so that Legal can reach out and we can address the questions.” A
`true and correct copy of this email is attached hereto as Exhibit “C.”
`32. On Friday, October 10, 2014 at 12:08 p.m., Ms. Young discussed the
`condition of her back with Ms. Fournier and assured Ms. Fournier that “[t]he case
`with my lawyer is with the party who hit me in the auto accident – not Zillow.” A
`true and correct copy of this email is attached hereto as Exhibit “D.”
`33. On Friday, October 10, 2014 at 2:30 p.m., Ms. Fournier again
`acknowledged Ms. Young’s email, her request to take the day off from work, and
`informed Ms. Young that Zillow’s “legal team will be contacting [Ms. Young’s
`attorney] today to discuss this matter and the questions that [Ms. Young] had in the
`string below.” A true and correct copy of this email is attached hereto as Exhibit “E.”
`34. On Friday, October 10, 2014 at 8:11 p.m., Ms. Young emailed Ms.
`Fournier to reiterate her previous concerns including:
`a. The effects of the accident on her physical condition;
`b. Zillow’s failure to compensate her for overtime hours worked;
`c. Her success prior to and during her time at Zillow;
`d. The promises made by Zillow at the beginning of her employment
`concerning opportunities for advancement;
`e. Ms. Young’s reliance on these promises and disappointment that others
`with less experience were advanced and Ms. Young was not due to
`receiving reprimands for prior approved time off;
`f. Requests for reasonable accommodations on account of her injuries; and
`g. Ms. Young’s concerns of termination for voicing her opinion.
`A true and correct copy of this email is attached hereto as Exhibit “F.”
`
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` Los Angeles, California 90017-3411
` 644 South Figueroa Street
` HISTORIC ENGINE CO. NO. 28
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`GERAGOS & GERAGOS, APC
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`

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`Case 8:14-cv-01922-AG-DFM Document 1 Filed 12/04/14 Page 9 of 25 Page ID #:9
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`35. Ms. Young received no response from Ms. Fournier regarding her
`concerns until Monday, October 13, 2014 at 8:11 a.m. Ms. Young had sent a text
`message to her Manager, Kelsey Didier, on Saturday, October 11, 2014 at 8:21 p.m.,
`concerning her need to check herself into Mission Hospital and that she would be out
`for potentially five to ten days on account of her treatment and tests. A true and
`correct copy of this text message is attached hereto as Exhibit “G.”
`36.
`In response to this text message, Ms. Fournier responded to Ms. Young
`on Monday, October 13, 2014 at 8:11 a.m., stating that she was aware that Ms. Young
`was in the hospital and that Ms. Young was eligible for short-term disability. Ms.
`Fournier requested that Ms. Young send a note from her doctor concerning the length
`of time Ms. Young would need to take off from work. A true and correct copy of this
`email is attached hereto as Exhibit “H.”
`37. Although Ms. Young had her hospital records sent to Zillow and
`informed Zillow that she would be in the hospital, Ms. Fournier emailed Ms. Young
`on Thursday, October 16, 2014 to demand that Ms. Young send a letter from her
`doctor concerning the amount of time off needed, to submit her claim for short term
`disability, and that Ms. Fournier had been attempting to contact Ms. Young several
`times concerning these issues by calling Ms. Young’s cell phone number at a
`completely incorrect (858) area code number. A true and correct copy of this email is
`attached hereto as Exhibit “I.”
`38. Ms. Young immediately responded that Ms. Fournier had been
`attempting to reach Ms. Young at an incorrect number and gave her the correct phone
`number. A true and correct copy of this email is attached hereto as Exhibit “J.”
`39. Ms. Fournier responded that day claiming she had also left messages on
`Ms. Young’s correct phone address. A true and correct copy of this email is attached
`hereto as Exhibit “K.”
`40. Ms. Young responded that day with the following concerns:
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` 644 South Figueroa Street
` HISTORIC ENGINE CO. NO. 28
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`GERAGOS & GERAGOS, APC
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`Case 8:14-cv-01922-AG-DFM Document 1 Filed 12/04/14 Page 10 of 25 Page ID #:10
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`a. Ms. Young’s attorney had already contacted Zillow informing them that
`she intended to return to work on Monday, October 20, 2014;
`b. That it was against her doctor’s recommendation that she return to work
`on Monday, October 20, 2014 and her need to follow her doctors
`recommendations;
`c. That she had previously notified Zillow that she would be in the hospital
`without full capabilities to email and respond to Zillow’s demands;
`d. That she had confirmed that on Monday, October 13, 2014, Mission
`Hospital had faxed Zillow the required records concerning Ms. Young’s
`treatment; and
`e. Other sales representatives of Zillow had already contacted Ms. Young’s
`customers to introduce themselves as their new sales representatives and
`that Ms. Fournier was merely attempting to trump up cause to terminate
`Ms. Young.
`A true and correct copy of this email is attached hereto as Exhibit “L.”
`41. On Friday, October 17, 2014 at 10:00 a.m., Ms. Young received a
`response from Zillow’s human resources director, Jennifer Zumek, that Ms. Fournier
`was not available to respond to Ms. Young. Ms. Zumek also stated as follows:
`
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`“I want to be sure you know that our #1 priority is that you are healthy. There is
`no plan for us to terminate your employment, rather we want to partner with
`you to ensure that you are healthy prior to returning to work.”
`
`Given that you have been in the hospital we’ll want to partner closely with you
`and your physician to ensure that when you are ready to return that we have
`awareness of any accommodations you may have so please be sure to reach out
`to our Benefits Manager… to provide you with detailed information about our
`health benefits as well as our leave and disability benefits so that you are able to
`understand what your options are and take advantage of those that are most
`appropriate for you.”
`A true and correct copy of this email is attached hereto as Exhibit “M.”
`
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` Los Angeles, California 90017-3411
` 644 South Figueroa Street
` HISTORIC ENGINE CO. NO. 28
`
`GERAGOS & GERAGOS, APC
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`

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`Case 8:14-cv-01922-AG-DFM Document 1 Filed 12/04/14 Page 11 of 25 Page ID #:11
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`42. Although Ms. Young had received no other emails or calls from anyone
`from Zillow concerning this matter, Ms. Zumek sent the following email on Friday,
`October 24, 2014:
`
`“After many attempts by our team to reach you and your physician by phone we
`have been unable to contact either of you to verify your medical leave status.
`Specifically, we cannot identify Dr. Tim Jalowiec at Mission Hospital in
`Laguna Beach, CA or any other location in CA. I kindly request that you please
`email me a copy of your doctor’s note releasing you from work for the period of
`time 10/9 through today 10/24. While we understand you were hospitalized and
`seeking treatment for medical services, you have a responsibility to provide
`Zillow, your employer, with written documentation to verify you medical
`absence so that we can better support you. Failure to provide this
`documentation is serious and it is important for you to provide this to us via fax
`… or email scan to me no later than Monday, 10/27 at 9:00 am. Failure to
`provide this documentation will result in us making the determination that
`you have abandoned your job and your employment will be terminated
`effective immediately.” (emphasis in original)
`A true and correct copy of this email is attached hereto as Exhibit “N.”
`
`43. On Saturday, October 25, 2014 at 12:49 p.m., Ms. Young responded to
`Ms. Zumek as follows:
`
`“I’ve left word with both my doctor and Tim at Mission Hospital. I hope they
`can meet your deadline. Tim does have a fax confirmation sending a medical
`letter on Hospital letterhead to Zillow HQ while I was in the hospital.
`
`My phone is working fine. I have not missed calls or voice mails from Zillow
`and Tim said he has not been contacted.
`
`I’ve mentally prepared for the worst as many co-workers have already reached
`out to me. Maybe I’m not a good fit for Zillow? I’ve been a proven
`professional with a very successful track record and I really feel a very cold and
`impersonal shoulder from Zillow. It seems as if you are out of production or ill
`for two weeks, you are quickly replaced without any further consideration.
`
`Further, this high turnover within the sales team is very unsettling to our agents
`who feel they can’t depend on the same contacts. Thus, causing high
`cancellations.
`
`If the hospital doesn’t comply because it’s a weekend and can’t meet your
`deadline then I will assume I’m terminated.”
`A true and correct copy of this email is attached hereto as Exhibit “O.”
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` Los Angeles, California 90017-3411
` 644 South Figueroa Street
` HISTORIC ENGINE CO. NO. 28
`
`GERAGOS & GERAGOS, APC
`
`
`
`

`
`Case 8:14-cv-01922-AG-DFM Document 1 Filed 12/04/14 Page 12 of 25 Page ID #:12
`
`
`
`44. On Monday, October 27, 2014 at 9:04 a.m., Ms. Zumek emailed Ms.
`Young informing her of her termination “due to job abandonment.” A true and
`correct copy of this email is attached hereto as Exhibit “P.”
`FIRST CAUSE OF ACTION
`AGE HARASSMENT
`Government Code § 12940(j)(1)
`(By Plaintiff Jennifer Young Against All Defendants)
`45.
` Plaintiff realleges and incorporates as if fully stated herein each and
`every allegation contained above and incorporates the same herein by this reference as
`though set forth in full.
`46. Government Code section 12940(j)(1) states in pertinent part:
`
`labor
`is an unlawful employment practice for an employer,
`It
`organization, or any other person, because of race, religious creed, color,
`age, sexual orientation, or military and veteran status, to harass an
`employee, an applicant, or a person providing services pursuant to a
`contract. Harassment of an employee shall be unlawful if the entity, or
`its agents or supervisors, knows or should have known of this conduct
`and fails to take immediate and appropriate corrective action.
`
`47. Plaintiff was subjected to the above-described unwanted harassing
`conduct because of her age in violation of Government Code section 12940(j).
`48. The harassing conduct as described herein was severe and/or pervasive.
`49. A reasonable person of Plaintiff’s age would have considered the work
`environment hostile or abusive.
`50. Plaintiff considered the work environment to be hostile or abusive.
`51. The harassing acts and/or omissions were perpetrated by Plaintiff’s
`supervisors, who participated in, assisted, and/or encouraged the harassing conduct as
`described herein.
`52. Defendant Zillow’s managers, employees, and agents engaged in
`harassing and discriminatory conduct with the intent to cause economic and emotional
`
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`- 12 -
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` Los Angeles, California 90017-3411
` 644 South Figueroa Street
` HISTORIC ENGINE CO. NO. 28
`
`GERAGOS & GERAGOS, APC
`
`
`
`

`
`Case 8:14-cv-01922-AG-DFM Document 1 Filed 12/04/14 Page 13 of 25 Page ID #:13
`
`
`
`distress to Plaintiff. As described above, Defendant Zillow’s representatives engaged
`in inappropriate conduct and created a hostile work environment for Plaintiff by
`denying her participation in sales “call-ins” or other employment opportunities and by
`creating a hostile work environment by making blatant derogatory comments
`concerning her age.
`53. As a direct and proximate cause of the tortious, unlawful, and wrongful
`acts of Defendant Zillow and its respective agents, servants, employees, and
`authorized representatives as aforesaid, Plaintiff has suffered past and future special
`damages and past and future general damages in an amount according to proof at trial.
`Plaintiff has been damaged emotionally and financially, including but not limited to
`emotional suffering from emotional distress and ridicule, as well as loss of income,
`employment, and career benefits.
`54.
`In engaging in the conduct as hereinabove alleged, Defendant Zillow and
`its agents, servants, employees, and authorized representatives acted with malice,
`fraud, and oppression and/or in conscious disregard of Plaintiff’s health, rights, and
`well-being, and intended to subject Plaintiff to unjust hardship, thereby warranting an
`assessment of punitive damages in an amount sufficient to punish Defendants and
`deter others from engaging in similar conduct.
`55. Plaintiff is entitled to an award of attorneys’ fees against Defendants
`pursuant to Government Code section 12965.
`SECOND CAUSE OF ACTION
`AGE DISCRIMINATION
`Government Code § 12940(a)
`(By Plaintiff Jennifer Young Against All Defendants)
`56.
` Plaintiff realleges and incorporates as if fully stated herein each and
`every allegation contained above and incorporates the same herein by this reference as
`though set forth in full.
`
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`
`- 13 -
`
` Los Angeles, California 90017-3411
` 644 South Figueroa Street
` HISTORIC ENGINE CO. NO. 28
`
`GERAGOS & GERAGOS, APC
`
`
`
`

`
`Case 8:14-cv-01922-AG-DFM Document 1 Filed 12/04/14 Page 14 of 25 Page ID #:14
`
`
`
`57. Government Code section 12940(a) states in pertinent part:
`
`It is an unlawful employment practice for an employer, because of the
`race, religious creed, color, age, sexual orientation, or military and
`veteran status of any person, to discharge the person from employment or
`to discriminate against the person in compensation or in terms,
`conditions, or privileges of employment.
`
`58. Defendant Zillow intentionally created or knowingly permitted the
`above-described working conditions to exist.
`59. Plaintiff was subjected to the above-described discrimination in the
`terms, conditions, or privileges of employment in violation of Government Code
`sections 12940(a).
`60. Plaintiff was over the age of 40 at the time she was subjected to the
`above-described discrimination and discharged from her employment at Defendant
`Zillow.
`61. Plaintiff’s age was a motivating factor for the discrimination against
`Plaintiff in the terms, conditions, or privileges of employment.
`62. Plaintiff’s age was a motivating factor for the discharge of Plaintiff.
`63. Defendant Zillow terminated Plaintiff in breach of public policy. The
`underlying public policy being those articulated in the California Fair Employment
`and Housing Act, Government Code section 12900, et seq.
`64. Defendant Zillow’s managers, employees, and agents engaged in
`harassing and discriminatory conduct with the intent to cause economic and emotional
`distress to Plaintiff. As described above, Defendant Zillow’s representatives engaged
`in inappropriate conduct and created a hostile work environment for Plaintiff by
`denying her participation in sales “call-ins” or other employment opportunities and by
`creating a hostile work environment by making blatant derogatory comments
`concerning her age.
`65. As a direct and proximate cause of the tortious, unlawful, and wrongf

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