Dating back as far as 2008, several AT&T employees have alleged that AT&T, Inc. violated the Age Discrimination in Employment Act (ADEA). An employee, who worked with AT&T for 16 years as a Sales Coach Manager, was terminated at the age of 53, while AT&T simultaneously maintained younger, lower-performing sales coach managers or permitted them to transfer.
The Equal Employment Opportunity Commission (EEOC) attempted to reach a pre-litigation settlement through its conciliation process. The EEOC then filed suit in the U.S. District Court for the Western District of Missouri, alleging that AT&T violated the ADEA.
In the above-mentioned EEOC v. AT&T case, AT&T agreed to the following:
- Monetary relief
- Reaffirmation and redistribution of its anti-discrimination policy
- Provision of anti-discrimination training
- Disclosure of complaints on age discrimination and terminations of employees over the age of 40
Similarly, in 2009, the EEOC filed suit in the U.S. District of New York, alleging that AT&T violated the ADEA. Individuals claimed that they were prohibited from being reemployed as contractors after accepting AT&T’s early retirement packages. The EEOC tried to reach a pre-litigation settlement through its conciliation process.
The consent decree settling the above-mentioned suit in 2011 prohibited the following:
- Policies with reemployment exclusions because of participation in early retirement packages
- Inconsistent rehiring processes for retirees and other former employees
Replacing Older Workers with Younger Workers
In the Roy Horowitz, et al. v. AT&T, Inc., et al. age discrimination class action law suit, four former managers at AT&T alleged that the company illegally terminated older employees and replaced them with younger workers. The plaintiffs further alleged that AT&T initiated a company-wide plan to revamp its workforce, replacing its older workers with younger employees.
The plaintiffs asserted that AT&T took the following steps to implement the plan:
- Designated employees as surplus status and allowed them to apply for an alternate position
- Deleted internal postings and re-posted as external positions
- Hired younger employees from outside the company
- Fired older surplus employees who were unable to secure an alternate position
- Offered surplus employees severance packages, provided they waived their right to sue the company for age discrimination
The plaintiffs seek the following:
- An order notifying Class Members, all former non-Union AT&T employees over the age of 40 that were terminated and offered severance packages, about the lawsuit
- Notice that the waiver did not eradicate their right to sue
- Monetary relief consisting of damages, injunctive and declaratory relief, court costs and attorney fees, and any other applicable fees permitted by the court
The court has not rendered a decision on this case; however, AT&T lost a bid to dismiss the case.
New Jersey Age Discrimination Lawyers at Sidney L. Gold & Associates, P.C. Fight for the Rights of Workers
If you have experienced age discrimination that resulted in wrongful termination, contact the New Jersey employment lawyers at Sidney L. Gold & Associates, P.C. for assistance. Our attorneys are recognized as leaders in employment law. We have the resources and experience necessary to secure the compensation you deserve. Call us today at 215-569-1999 or contact us online. Conveniently located in Philadelphia, we serve clients throughout the state of New Jersey.