Heath
Heath v. Google Inc.
Opinion
Lead Opinion
Freeman, J.
REDACTED ORDER GRANTING PLAINTIFF CHERYL FILLEKES’ MOTION FOR CONDITIONAL CERTIFICATION OF COLLECTIVE ACTION AND DENYING PLAINTIFF ROBERT HEATH’S PARTIAL JOINDER
[Re: ECF 107]
How does age factor into one’s Googleyness? 1 Plaintiffs Cheryl Fillekes and Robert Heath allege that it plays a significant role, and seek to conditionally certify two collective actions based on disparate treatment under the federal Age Discrimination in Employment Act (“ADEA”). Mot., ECF 107. Defendant Google Inc. (“Google”) contests Plaintiffs’ allegations and asks the Court to find that a manageable collective action does not exist here. Opp. 2, ECF 108. For the reasons stated below, the Court GRANTS Plaintiff Cheryl Fillekes’ motion for conditional certification and DENIES Plaintiff Robert Heath’s partial joinder.
I. BACKGROUND
In April 2015, Heath filed his original complaint asserting age discrimination under the ADEA and the California Fair Employment and Housing Act (“FEHA”). Compl, ECF 1. Heath pled both claims on behalf of himself and a nationwide Rule 23 class. Id. ¶ 39. In addition, he asserted the *849 ADEA claim as a collective action. Id. at 21 ¶ m.