IBM settles age discrimination case that sought top execs' emails
, IBM stopped providing age data to laid off employees as it had done previously and began requiring employees, in order to receive severance pay, to pursue age discrimination claims through private arbritation, where corporate plaintiffs prevail more often than they do in federal or state court.The amount Schenfeld will receive has not been made public and settlements typically include non-disclosure requirements.
"IBM now seeks a Protective Order to shield the company from addressing four topics of inquiry that relate to IBM’s workforce 'transformation," the response motion says."Specifically, IBM seeks to shield its Corporate Representative from testifying about changes to its workforce that IBM executives publicly touted and are at the heart of Plaintiffs’ age discrimination case.
The motion references 31 exhibits that have been filed under seal. One such document described in the filing is a report to IBM's Board of Directors:"IBM executives prepared presentations for IBM's Board of Directors which explicitly referenced the plan to 'rebalance' the age of IBM's workforce by 2020."
Another describes an edict by IBM's chief human resources officer to immunize so-called Early Professional hires from Resource Action layoffs. The Kinney case is scheduled to go to trial on Monday, January 23, 2023. But if the evidence described in court documents can be presented at trial, the outcomes of the Schenfeld and Langley cases suggest IBM will settle before then and will continue to maintain it has acted lawfully. ®
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