Bloomberg Law
March 27, 2019, 4:46 PMUpdated: March 27, 2019, 7:02 PM

IBM Accused of Flouting Age Bias Law to Get Class Waivers (1)

Porter Wells
Porter Wells
Reporter
Andrew Wallender
Andrew Wallender
Reporter

IBM required older workers it laid off to give up their rights to bring age discrimination suits despite not providing certain information about the larger group being laid off, a new class action in the Southern District of New York alleges.

The Older Workers Benefit Protection Act explicitly requires that a company provide demographic information about other workers being laid off in order to extract a waiver of rights from departing workers. Courts have held those waivers to be invalid if the company doesn’t comply with OWBPA’s minimum standards.

In a lawsuit filed March 27, four former IBM workers say ...