Age Discrimination at IBM

• IBMers Accuse Big Blue of Targeting Older Workers in Layoffs

• EEOC Complaint Form for IBM employees laid off in Vermont

• What about the waiver not to sue that I must sign?

Percent of IBM Engineers and Technicians
Selected for Layoff by Age
World Wide Semiconductor Manufacturing:*

What you can do:

1. File a complaint with your State Attorney General, Civil Rights Division

2. File a compliant with the federal agency EEOC (http://www.eeoc.gov)

3. Cost to you: Zero

If successful, potentially:

• reinstatement back in your job
• back pay
• ordinary raises and promotions
• full retirement

The Release/covenant not to sue permits filing age discrimination complaint and EEOC complaint

There is a 180 to 300-day limit (depending on your state) for filing after you are laid off.

FILE YOUR COMPLAINT TODAY!

* IBM has discriminated based on age in nearly all divisions; this is just one example.

What about the release and covenant not to sue?

In apparant violation of the provision of statute and regulation the EEOC has closed some cases because of laid off IBMer signed the release and covenant not to sue.

Here is the text of the regulation that quotes the statute on EEOC rights and responsponsibilities where the employee signed a waiver. We need to bring this to the attention of the EEOC offices in every location to ensure that they follow their own rules and federal law.


The U.S. Equal Employment Opportunity Commission

WAIVERS AND CLAIMS UNDER THE ADEA
29 C.F.R. §1625.22
http://www.eeoc.gov/federal/digest/xi-6-3.html

(i) EEOC's enforcement powers. (1) Section 7(f)(4) of the ADEA states:
No waiver agreement may affect the Commission's rights and
responsibilities to enforce [the ADEA]. No waiver may be used
to justify interfering with the protected right of an employee to
file a charge or participate in an investigation or proceeding
conducted by the Commission.

(2) No waiver agreement may include any provision prohibiting any individual from:
(i) Filing a charge or complaint, including a challenge to the
validity of the waiver agreement, with EEOC, or
(ii) Participating in any investigation or proceeding conducted
by EEOC.

(3) No waiver agreement may include any provision imposing any condition precedent, any penalty, or any other limitation adversely affecting any individual's right to:
(i) File a charge or complaint, including a challenge to the
validity of the waiver agreement, with EEOC, or
(ii) Participate in any investigation or proceeding conducted by
EEOC.