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IBM The Courts Businesses Technology

IBM Accused of Violating Federal Anti-Age Discrimination Law (propublica.org) 127

A group of ex-employees filed a lawsuit that accuses the tech giant of failing to comply with a law requiring companies to disclose the ages of people over 40 who have been laid off. The suit also alleges that the company has improperly prevented workers from combining to challenge their ousters. From a report: It is the second broad legal action against IBM since a 2018 ProPublica story that documented widespread age discrimination by the company in its global restructuring. The former employees are asking the court to invalidate a written agreement that IBM requires its employees to sign to receive severance pay. Under the document's provisions, workers agree to give up any right to challenge their dismissal in court. Until now, most age-related legal actions contesting an IBM layoff have been brought by the rare ex-worker who refused to sign the agreement and left without severance.

If the district court were to agree that IBM's separation agreement is invalid, it could open the company up to lawsuits by tens of thousands of older workers IBM has laid off in recent years. Today's lawsuit and the string of other cases filed in the wake of ProPublica's story face steep odds as a result of decisions by the Supreme Court and federal appeals courts that curtailed workers' ability to challenge employers' staffing decisions. The rationale is to limit what federal judges view as cumbersome, costly cases that hamstring both employers and the courts.

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IBM Accused of Violating Federal Anti-Age Discrimination Law

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  • by Anonymous Coward

    It ain't just IBM. Shall we take a look at the average employee age at Facebook? Google? People over 50 don't get interviews, don't get hired, and are the first out the door when the layoffs come. I thank god every day that I went into stodgy defense work, where young people generally don't want to work and being over 50 is not seen as a deal breaker (my PhD probably doesn't hurt either), and I've had 25 years of steady employment.

    • It ain't just IBM. Shall we take a look at the average employee age at Facebook? Google? People over 50 don't get interviews, don't get hired, and are the first out the door when the layoffs come. I thank god every day that I went into stodgy defense work, where young people generally don't want to work and being over 50 is not seen as a deal breaker (my PhD probably doesn't hurt either), and I've had 25 years of steady employment.

      It's sad really. No amount of schooling can even dream of surpassing experience. Here in Denmark we actually see the opposite - 5-10 years of 'relevant experience' is a requirement in many tech job openings. They don't care about school diplomas, only experience. I've never had so many recruiters hunt me since I passed the 50-mark; I get perhaps 4-5 requests each week but I recently took the bait in one and jumped - and now I've been in my current job for 2 months. Better pay, better benefits and the age of

  • by Joe_Dragon ( 2206452 ) on Wednesday March 27, 2019 @03:15PM (#58343426)

    Ok it's better to say we did not follow H1B laws and layed off USC's just to replace them with H1B's

    Also level 1 help desk is master's degree preferred (and the pay is no where near any thing to cover the loans for that)

  • by Joe_Dragon ( 2206452 ) on Wednesday March 27, 2019 @03:16PM (#58343432)

    If we only had an UNION!!!!

    • Yeah, no thanks. The last thing I need is to work with a bunch of no talent assclowns that can't ever get fired.
      • at 4:55 on Friday.
        Hello Peter what's happening. I'm gonna need you to go ahead and come in tomorrow. So if you could be here at around....9 that'd be great. and before I forget I need you to come in on sunday as well.

    • Boy, things sure are great for us ununionized Silicon Valley workers!

      * Pay that hasn't risen in more than a decade, while cost of living more than doubled. Check!

      * Long hours with no overtime. Check!

      * No time off. Check!

      * No job security. Check!

      * No career development path. Check!

      * No autonomy. Check!

      * Always managed by nepotists with no technical background. Check!

      * Preposterously one-sided "contacts", required by every employer. Check!

      * Replaced by lawfully-imported H1B scabs at every opportunity. Check!

      *

  • by mykepredko ( 40154 ) on Wednesday March 27, 2019 @03:52PM (#58343672) Homepage

    Back in the '90s, when I worked at IBM, I was appalled at the people they let go. Age was clearly a factor, followed by the number of letters behind a person's name. Up to that point in time, the company had been incredibly successful and never had to consider layoffs before, so the primary decision point was literally who had a full retirement followed by degrees, type and where are they from. Guess how many mainframe system admins were over 50 with only high school? The damage done to the company was incredible and measurable.

    Now, being older and wiser, I have seen many, many layoffs from different companies with no clear criteria or thought to what would happen after the layoffs were complete - they're generally done to bring quarterly costs into line with investor's expectations with little lip service being put to only keeping the most productive employees.

    So, while I can see the reason for tracking the demographics of who a company fires is important, I'm not aware of any cases where layoffs improved the long term health of the company or that any demographic study would show that the layoffs were done in a strategic and effective manner.

    • Luckily for IBM they deal with people that don't have a clue what they want and are quite happy to pay huge sums for some garbage written by IBM's offshore teams..

    • by nehumanuscrede ( 624750 ) on Wednesday March 27, 2019 @04:20PM (#58343872)

      Now, being older and wiser, I have seen many, many layoffs from different companies with no clear criteria or thought to what would happen after the layoffs were complete - they're generally done to bring quarterly costs into line with investor's expectations with little lip service being put to only keeping the most productive employees.

      So, while I can see the reason for tracking the demographics of who a company fires is important, I'm not aware of any cases where layoffs improved the long term health of the company or that any demographic study would show that the layoffs were done in a strategic and effective manner.

      This is AT&T right now.

      The most recent round of layoffs were determined by a single metric. Your physical office location.

      If you work outside of company declared " Collaboration Zones " your continued employment is questionable at best.
      Your skillset or value you bring to the company is irrelevant.
      Years of experience and / or wisdom in technology X or subject matter ( still in use by the Telco ) also irrelevant.

      Entire Teams were wiped out and the work they were doing is now sitting idle piling up because no one is left to deal with it.

      The company doesn't fully understand the damage they have done yet but, make no mistake about it, it will come back to bite them.
      The company hasn't disclosed neither how many nor who they have let go. We find out when we try to call a colleague about day to day
      business and learn they were let go.

      Personally, I kick around the idea that the Collaboration Zones are merely a smokescreen for the true nature of the layoffs. That being the
      reduction of older / high seniority employees whose benefit packages are grandfathered in vs a new hire. ( Translation: They cost more )

      The scary part ?

      This is only the first round of layoffs this year. More are coming.

      • You took the job.

        What AT&T is, is not a secret.

        You should be actively attempting to escape (any company run by former AT&T execs, not just the one with the name).

        The phenomenon is a corollary of the peter principle, the name of which escapes me. 'When a person has reached their level of incompetence, at some level they know it. So they proceed to surround themselves with even _more_ incompetent people, so they can blend in." At AT&T the king idiot is the Chairman of the Board, he hires ot

        • It's slightly more complicated.

          I took the job . . . . . 20+ years ago when the company was SBC. Trust me when I tell you it was a much different company then and when they start you off at 2x the pay you were making in the military ( plus benefits ), you don't turn it down. They genuinely believed in a trained workforce and made sure their employees knew how to do their jobs.

          Jump forward a bit.

          SBC buys AT&T because their execs all but destroyed their own company and it appears they're well on their wa

  • by Mike Van Pelt ( 32582 ) on Wednesday March 27, 2019 @03:56PM (#58343702)

    When Cisco laid me off at age 56, they did cover their bases. The layoff came with a stack of paper an inch thick with statistics of the ages of those laid off, showing they were fully prepared to defend themselves against any claim of age discrimination.

    They also included a very generous severance package.

    And, if you signed an agreement to not sue them for age discrimination, that very generous severance package became very *VERY* generous.

    See point 1 above, they were fully prepared to defend themselves against any claim of age discrimination.

    Hey, when I got home from getting laid off, right there in my Gmail inbox was an email from a recruiter at the place I'm currently working. The layoff turned out to be a rather substantial windfall.

    • by tlhIngan ( 30335 )

      When Cisco laid me off at age 56, they did cover their bases. The layoff came with a stack of paper an inch thick with statistics of the ages of those laid off, showing they were fully prepared to defend themselves against any claim of age discrimination.

      They also included a very generous severance package.

      And, if you signed an agreement to not sue them for age discrimination, that very generous severance package became very *VERY* generous.

      See point 1 above, they were fully prepared to defend themselves ag

  • "You know what they do with engineers when they turn 40? They take them out and shoot them."
  • IBM Ages and Wages people out ALL THE TIME! If the numbers were ever publish about the age and salary of everyone they "layed off" you would see this. You won't see millennials being "layed off".... They are young and will work for cheap! Wait - most companies are starting to do this now....

    • by rtb61 ( 674572 )

      This is what happens when you have accountants running engineering departments, rather than engineers with accounting degrees (they are so fucking easy to do). So basically the accountants think the engineers are as dumb and readily replaceable as accountants, so treat engineers like accounting department hires, disposable, all pretty much equally useless but can type numbers in the right holes in a spreadsheet. Nett result company dies because it is staffed by cheap shitty engineers who produce really bad

  • by Only Time Will Tell ( 5213883 ) on Thursday March 28, 2019 @09:13AM (#58347634)
    This doesn't strike me with surprise at all. My dad was an IBMer who was lucky enough to get downsized in December right before Christmas (around 10 years ago). He was in his mid-50s at the time and had so much DB/2 and other database knowledge IBM based their certification programs off of his skills. He always received impeccable performance reviews and worked hard for the company. I have no doubt some shithead in IBM HR did a SELECT employ_ID WHERE emp_age >50 and went on a "cost savings" massacre. These RIFs are baldfaced attacks on older employees whose only crime is they couldn't stop the aging process. They have all built decades of specialized and technical skills making them invaluable resources. IBM doesn't give a shit about how it treats its employees and it shows in their years of declining revenues. They're on a slow death-march into the sea with this current strategy, which is unfortunate to see a once great company fall apart.

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