I know the company has like a million lawyers that are doing everything to eliminate the possibility of company being a subject of a age-discrimination lawsuits, and that it’s hard. Has anyone on this board had any actual experience with age-discrimination lawsuits? Any info is valuable to me on that subject. Please post!
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"Right to Work" labor laws that many states have adopted have made it so that you do not need to be given a reason for the company letting you go. One of the perfect little nook-and-crannies to hide all of the true intent behind job cuts.
I would like to see some of the "OLDER" employees get together and form their own company that competes directly against DXC. You will not have to worry about age discrimination and get to leave a big fat gaping hole that they will struggle to get filled before the clients find out they can't meet their needs due to the mass exodus of "the braintrust" that was propping up DXC. And don't forget to wave at the fat guy, as he tumbles past you when his pedestal crumbles beneath him.
@102Ic286-1avu Really ??? What did GM have to do with this age discrimination question or do you just go about randomingly trashing companies? It said for EXAMPLE. The case demonstrates how the law works. I had a discussion with an attorney understanding the concept "but for age" surrounding this case. It demonstrates why gender and age discrimination cases are rarely won by those who file them and can become extremely costly in time, money and the mental strain of filing. LMAO, I never said I was Guinn.
Just look at the number of non-executive yet now ex DXC employees that have left the company. Most of them were aged 50+ with years of valuable experience that DXC desperately needs that the inexperienced Graduates cannot obtain by merely reading books.
Compare the above with Mikey who is aged 50+ but in control of the ship in a downward spiral to retirement.
Deal with reality. It goes on and YOU can't do anything about it. You lose YOU pay the costs. Just let em lay you off, discontinue buying NEW GM Products and move on in life. You are not the first one this has happened to. It's sad but reality. The court system is so screwed up with liberal judges we don't know what right or wrong anymore. At least judges don't know this. Good Luck.
Pretty close to Impossible, in an at will employment. For example, Guinn vs. EDS demonstrates the issue of litigating when the burden is to prove that it was age alone (but for her age). https://www.casemine.com/judgement/us/5914891fadd7b049344fdafc.
The following is fictious but demonstrates the principles, A company controls the narrative, and can tweak job requirements to say, must have a University course using python 3.0. (released in 2008). That requirement filters based on age but is not age discrimination because it is a skill issue also.
Think about performance reviews, always having one bizarre requirement, outside of the scope of your job, or have no control over ? Try to tell a judge, well I know that i didnt do that, because I was working 70 hours a week on my project. How many people have a job code/description that matches peformance goals ? Mine were widely different but learned how to modify the eval critera to have a caveat that management must provide opportunity (or dedicated time, or resources that are trained and proficient).
This IBM suit is not the first time that IBM had to defend age descrimination and has successfully done so all previous attempts, (or privately settled with individuals before it was tried). EDS was often successfully defending it because they did it based on skill ( but really salaries) and never for age alone. Listen to what ML says ... He is insuring they will never lose an age discrimination suit.
Its very hard to prove age discrimination but that doesn't stop people trying - having a look at
https://www.aarp.org/work/working-at-50-plus/info-2019/ibm-age-discrimination-case.html
for a lawsuit recently started against IBM
You're going to need black-and-white evidence of an employer simply considering age as a factor, which rarely happens in reality. Companies will almost always look for other reasons, other than age. On American terms, it's a "don't ask, don't tell" kind of thing.