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Actors’ Ages to Remain Available Online (At Least for Now)

A federal court has granted IMDb’s request for a preliminary injunction to allow the entertainment website to keep actors’ ages in their online profiles – despite the enactment of a statute in California prohibiting same.

The lawsuit, IMDb.com, Inc. v. Becerra (Case No. 16-cv-06535-VC) was filed in response to the passage of A.B. 1687, which required IMDb.comPro and other commercial online entertainment employment service providers to remove entertainment industry professionals’ birthdates and ages if they requested removal of such information from their profiles.  The law, aimed at preventing age discrimination in Hollywood, went into effect on January 1, 2017.

In granting the preliminary injunction, Judge Vince Chhabria held that IMDb was likely to succeed in the lawsuit, stating, “It’s difficult to imagine how AB 1687 could not violate the First Amendment.”  Judge Chhabria further held that the government failed to show how the law was “necessary” to prevent age discrimination and that it was “not clear how preventing one mere website from publishing age information could meaningfully combat discrimination at all.”  The State of California will remain enjoined from enforcing A.B. 1687 while IMDb.com v. Becerra is pending.  A case management conference is scheduled for March 21, 2017.

© 2018 Proskauer Rose LLP.

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About this Author

Anthony J Oncidi, Employment Attorney, Proskauer Rose Law Firm
Partner

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office. Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection....

310-284-5690
Elaine Lee, Proskauer Law Firm, Labor and Employment Attorney
Associate

Elaine Lee is an associate in the Labor & Employment Law Department. Her practice focuses on representing and counseling management on all aspects of employment law.

Elaine’s litigation work includes defending employers and supervisors against single-plaintiff claims for unlawful discrimination, harassment, whistleblowing, retaliation, and wrongful termination, as well as class action wage and hour disputes. In addition, Elaine advises clients on compliance with state and federal employment laws and develops company policies ranging from hiring to firing and everything in between. She counsels clients from a wide variety of industries, including telecommunications, entertainment, retail, health care and finance.

Prior to attending law school, Elaine was a Certified Public Accountant and worked at a Big Four accounting firm for four years.

310-284-5694