Calgary Herald

Lawyer who took on Uber suing IBM for age discrimina­tion

- GERRIT DE VYNCK

Shannon Liss-Riordan has been compared to “a pit bull with a Chihuahua in its mouth.” In a career spanning almost 20 years, the Boston-based lawyer has gone after corporatio­ns that have either harmed consumers or their own employees. She’s represente­d workers against Amazon, Uber and Google and has styled her firm as the premier champion for employees left behind by powerful tech companies.

Now Liss-Riordan, 49, is gunning for Internatio­nal Business Machines Corp.

On Monday, she filed a classactio­n lawsuit on behalf of three former IBM employees who say the tech giant discrimina­ted against them based on their age when it fired them. “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.

In the last decade, IBM has fired thousands of people in the U.S., Canada and other highwage jurisdicti­ons in an effort to cut costs and retool its workforce after coming late to the cloud computing and mobile tech revolution­s. A newer crop of tech giants has outpaced the company in size, revenue and prestige, and Big Blue is pushing to get back in the game.

The waves of firings spawned a legion of disaffecte­d former employees who congregate online to air their grievances and swap stories. To them, the firings are a mockery of the values they signed up for when joining the company. IBM has argued change in its workforce is necessary to stay fresh and competitiv­e.

“Changes in our workforce are about skills, not age,” IBM spokesman Ed Barbini 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.”

But the company is under mounting pressure to change its behaviour. In March, ProPublica published a damning report making the case that IBM systematic­ally broke age-discrimina­tion rules. Meanwhile, the 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.

Liss-Riordan, a partner at Lichten & Liss-Riordan in Boston, expects many former IBM employees to join her lawsuit. “A lot is at stake for IBM — how they’re going about making these decisions for their workforce really needs to be addressed and reassessed,” Liss-Riordan said in an interview. “It will be in the thousands of people who will be affected. We think IBM should pay these employees.”

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Shannon Liss-Riordan

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