STATE OF VERMONT

OFFICE OF THE ATTORNEY GENERAL

CIVIL RIGHTS UNIT

EMPLOYMENT DISCRIMINATION QUESTIONNAIRE

This is a streamlined questionnaire for the IBM layoff in Vermont. It covers the age discrimination issue only. Please print this form, fill it out and mail it in ( to the address at the end of this form).

Name:___________________________________           

Address__________________________________  

Town_______________________Zip__________    

County___________________________________ 

Telephone________________________________      

Social Security No._________________________

Birth date_________________________________

My complaint is against an employer, IBM 1000 River Street, Essex Junction, Vermont, 05452.

IBM President: Sam Palmisano. IBM has over 20 employees. IBM is a manufacturing company.

My Immediate Supervisor_____________________________

What was the job you held when you were laid off?____________________________________

How long were you in this job? From ______________ to _______________

List other job titles which you have held while employed with this employer, stating approximate dates as to each _________________________________________________________________ 

Total length of service with employer (please give dates) From ___________ to _____________

When you were laid off, was your work performance satisfactory?  Yes______     No______

Have you ever been counseled or reprimanded for any disciplinary matter? If so, as to each incident please state the date, the reason and the name of the supervisor involved?___________

_____________________________________________________________________________

I believe I was mistreated or discriminated against because of age. My age is __________

I was fired                   Yes______     No______

I was laid off               Yes______     No______

I was demoted             Yes______     No______

I was denied benefits   Yes______     No______

I was transferred to another job    Yes______     No______

I was notified of the layoff on June 4, 2002 or on what other date? ________________________

Explanation of what happened: When IBM selected me for layoff IBM gave me a fifty page document entitled, “Microelectronics Division Resource Action (MDRA) Employee Information Package” listing the ages of those selected for layoff and the ages of those not selected. The pattern of age discrimination is buried in the mass of numbers in those fifty pages. A chart made from data in IBM’s document shows that employees who were over 45 years old had a much higher chance of being selected for layoff than younger employees, and the chance of being selected increased sharply with age above 45. The chart shows that for IBM’s Worldwide Semiconductor Manufacturing, the percent of engineers and technicians laid off is less than 20% for ages up to 45 years old. The percent laid off rapidly increases with age for those who were above age 45. Percent laid off is 25%, 32%, 48%, and 67% for those 46-50, 51-55, 56-60, and 61-65. Put another way, there is a very rapidly increasing probability of being laid off with age. Additional explanation:

__________________________________________________________

__________________________________________________________

__________________________________________________________

In the MDRA package IBM gave two reasons for selecting me:

X  Work elimination: employees performing work that has been eliminated

X  Staff reduction and restructuring: total assessment of an employee’s relevant skills and performance within a job group, with seniority used as a tie-breaker

IBM said that employees were selected for one or more of these two criteria. No other criteria were mentioned. No explanation was given that could explain the great disparity based on age.

Hundreds of other employees were treated the same way, as shown by the chart showing the disparity in selection of employees for layoff based on age.

Important: Please sign your name and state the date you filled out this questionaire:

_________________________________________    

Signature                                                                        

_________________________________________

Date

This complaint must be filed within 300 days of notification of the layoff.

Please mail completed questionnaire to:            

Office of Attorney General

                                                                        Civil Rights Unit

                                                                        109 State Street

                                                                        Montpelier, VT 05609-1001                                                                                                                 Phone: 888 745-9195 or 802 828-3657

                                                                        TTY: 802 828-3665

                                                                        Fax: 802 828-5341