(Disparate Impact – Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.)  (On behalf of Plaintiff and similarly situated individuals)   (Disparate Impact – Fair Employment and Housing Act, Cal. Gov. Code § 12940 et seq.)  (On behalf of Plaintiff and similarly situated individuals)   (Disparate Treatment – Fair Employment and Housing Act, Cal. Gov. Code § 12940 et seq.)  (On behalf of Plaintiff and similarly situated individuals)   18.  From 2006 to 2011, Ms. Tavres served as a Community Relations Manager  (“CRM”) at a Barnes & Noble bookstore located in Oakland, California. From 2011 to 2014, she  served in that position at a Barnes & Noble bookstore in Emeryville, California. In her role as a  CRM, Ms. Tavres was responsible for planning events and activities designed to generate  goodwill for Barnes & Noble within the community in which her assigned store was located,  increase store traffic, and ultimately drive sales for that store. These events and activities  included book fairs, literary readings, author meet-and-greets, book club meetings, children’s  story times, and the like. Ms. Tavres and her CRM cohort’s other key responsibilities included  making institutional sales, corporate sales, and sales to educators.    19.  Ms. Tavres was a highly successful employee. She received glowing performance  reviews and was consistently provided with annual raises to her base pay in recognition of her  performance. Ms. Tavres was never subject to reprimand or discipline for any reason  whatsoever during the period of her nearly 13-year employment with Barnes & Noble. On the  contrary, she was a top performer. In her 2009-2010 performance review, her manager stated:  “You have been in the top 3 stores for the past three years, and have always been a team player  in assisting other stores and training new CRMs.” In her 2013-2014 performance review, her  manager stated: “Barb has continued to do an outstanding job in delivering institutional sales. . .  . Barb is a pleasure to work with and I look forward to many more years of success. . . . Year  over year Barb has delivered excellent results with her institutional sales.”    20.  Effective June 29, 2014, Barnes & Noble changed the job title of its CRMs.  Going forward, CRMs became known as Community Business Development Managers  (“CBDMs”).     34.  With respect to her ADEA claims and pursuant to 29 U.S.C. § 216(b), Ms. Tavres brings  this case as a collective action on behalf of herself and all other similarly situated individuals:  i.e., any individual employed by Barnes & Noble in the U.S., was terminated by Barnes &  Noble, was age 40 or older at the time of termination, and whose termination became effective  during the Class Period (defined below). Together, these individuals were the targets and/or  victims of a decision, series of decisions, policy, practice, or plan infected by discrimination.    35.  Barnes & Noble has engaged in a systematic pattern and practice of intentionally  discriminating against individuals, including Ms. Tavres, who are age 40 or older by terminating  their employment because of their age.    36.  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.   37.  With respect to her FEHA claims and pursuant to Fed. R. Civ. P. 23, Ms.  Tavres brings this lawsuit as a class action on behalf of herself and all similarly situated  former Barnes & Noble employees in California. The proposed class is defined as: All  employees of Barnes & Noble who were actually or constructively discharged within the Class  Period and who were 40 years of age or older when so discharged (“Class Members” or the  “Class”). Defendant, its subsidiaries, officers, directors, managing agents and members of  those persons’ immediate families, the Court, Court personnel, and legal representatives, heirs,  successors or assigns of any excluded person or entity are excluded from the Class.   53.  Plaintiff re-alleges and incorporates the above paragraphs by reference as fully  set forth herein.    54.  The ADEA claims herein are brought by Plaintiff and all similarly situated  individuals.    60.  Plaintiff re-alleges and incorporates the above paragraphs by reference as fully  set forth herein.    61.  The FEHA claims herein are brought by Plaintiff and all similarly situated  individuals.   62.  The FEHA, Cal. Gov. Code § 12940 et seq., prohibits an employer from  discriminating on the basis of age.    63.  Barnes & Noble is an employer covered by FEHA.    71.  Plaintiff re-alleges and incorporates the above paragraphs by reference as fully  set forth herein.    72.  The FEHA claims herein are brought by Plaintiff and all similarly situated  individuals.   73.  The FEHA, Cal. Gov. Code § 12940 et seq., prohibits an employer from  discriminating on the basis of age.    74.  Barnes & Noble is an employer covered by FEHA.    75.  Plaintiff and similarly situated individuals were employees of Barnes & Noble.    76.  Barnes & Noble has and had an employment policy, practice, and/or procedure  that had a disproportionate, adverse effect on its employees age 40 and older.    77.  Plaintiff and similarly situated individuals are age 40 and older.   