Windsor Star

Class-action suit accuses IBM of age discrimina­tion after thousands fired

- GERRIT DE VYNCK

A lawyer known for battling tech giants over the treatment of workers has set her sights on Internatio­nal Business Machines Corp. Shannon Liss-Riordan on Monday filed a class-action lawsuit in federal court in Manhattan on behalf of three former IBM employees who say the tech giant discrimina­ted against them based on their age when it fired them. In the last decade, IBM has fired thousands of people in the U.S., Canada and other high-wage jurisdicti­ons in an effort to cut costs and retool its workforce after coming late to the cloud computing and mobile tech revolution­s.

It was not immediatel­y clear if the class action would include any Canadians. Liss-Riordan, a partner at Lichten & Liss-Riordan in Boston, has represente­d workers against Amazon, Uber and Google and has styled her firm as the premier champion for employees left behind by powerful tech companies. “Over the last several years, IBM has been in the process of systematic­ally laying off older employees in order to build a younger workforce,” the former employees claim in the suit, which draws heavily on a ProPublica report published in March that said the company has fired more than 20,000 employees older than 40 in the last six years. The lawsuit comes as IBM faces questions about its firing practices. In exhaustive detail, the ProPublica report made the case that IBM systematic­ally broke age-discrimina­tion rules. Meanwhile, the U.S. Equal Employment Opportunit­y Commission has consolidat­ed complaints against IBM into a single, targeted investigat­ion, according to a person familiar with it. A spokeswoma­n for the EEOC declined to comment. “Changes in our workforce are about skills, not age,” Ed Barbini, a spokesman for IBM said in an emailed statement. “In fact, since 2010 there is no difference in the age of our U.S. workforce, but the skills profile of our employees has changed dramatical­ly. “That is why we have been and will continue investing heavily in employee skills and retraining — to make all of us successful in this new era of technology.’’

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