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HP employees may be fired based on their age, according to a recent class action lawsuit against the company.
Plaintiff Garfield R., a 57-year-old former employee of HP, says that he was routinely discriminated against due his mature age. Despite being qualified and experienced, Garfield claims that he was regularly overlooked for promotions and was even fired due to age discrimination.
“Throughout his employment with HP, [Garfield] performed his duties in a satisfactory and competent manner,” the HP employees class action lawsuit contends. “But for the fact that he was 40 years of age or older, [Garfield] would still be gainfully employed with HP.”
Garfield says that he worked “loyally” for HP for over three years, first as an independent contractor then as an employee in a Technical Solutions Consultant III position. He maintains that, while working for the company, he completed his duties in a “satisfactory and competent manner.” In fact, Garfield contends that he routinely received positive performance reviews, salary increases, and bonuses.
Despite being good at his job, Garfield was allegedly discriminated against for his older age. Specifically, Garfield maintains that he was routinely denied career advancement opportunities. Instead of being given to him, these opportunities were reportedly given to less experienced and less qualified but younger HP employees.
Garfield repeatedly told his manager that he was interested in being a team lead due to his qualifications and knowledge. Instead of promoting him, the position was allegedly given to younger HP employees several times.
In an attempt to increase his qualifications, Garfield says he asked for training on HP technology such as Virtual Connect, OneView, and GreenLake. Unfortunately, these requests were denied despite the fact that such training could have afforded him better job opportunities. Instead, younger HP employees were allegedly given these opportunities.
According to Garfield, this age discrimination was commonplace for older HP employees. Discriminatory policies reportedly became an “unwritten policy” across the company. Garfield says that age protected HP employees regularly heard comments such as “when are you planning on retiring,” “You must be getting ready to retire,” and others. The discrimination against older HP employees was allegedly so consistent that there were 29 age discrimination complaints filed against HP in California between July 1, 2012 and Feb. 21, 2017.
In 2012, the age discrimination reportedly started to permeate the company’s hiring and termination scheme. Garfield says that this scheme allowed HP to terminate older workers and replace them with “younger, lower paid” HP employees.
In May 2020, Garfield says he fell victim to this scheme when his manager told him he would be fired as part of an effort to reduce HP employee numbers to “further stabilize the business and create more financial capacity to invest in innovation.”
As part of his termination, Garfield was allegedly given six months of “preferential rehire” treatment. Despite applying for nine jobs that he was “imminently qualified” for, Garfield was allegedly not hired simply because of his age.
Other HP employees may have had similar experiences. At the time of Garfield’s termination, around 25 other employees were also fired – 18 of whom were over the age of 40.
“Although allegedly neutral on its face, HP’s terminations under its WFR are actually targeted to discriminate and eliminate older, age-protected workers in grossly disproportionate numbers,” the HP employees class action lawsuit claims.
“The WFR does not take into account performance reviews or evaluations, so the employee selected for the Workforce Reduction Plan is not based on merit, but based merely on age.”
Garfield claims that this treatment of HP employees violates the Age Discrimination Employment Act. As such, he asks the court for relief such as restitution, damages, injunctive relief, and more for himself and a proposed Class of workers.
Garfield seeks to represent a Class of current, former, or prospective HP employees who worked or will work for the company and were at least 40-years-old when they were terminated under HP’s Workforce Reduction Plan during the applicable Class period. For workers in deferral states, the Class period is after Nov. 4. 2016. For workers in non-deferral states, the Class Period is after March 4, 2017.
Have you experienced age discrimination in your job? Tell us your story in the comment section below.
Garfield and the proposed Class of HP employees are represented by Douglas R. Kertscher of Hill, Kertscher & Wharton LLP and Jeffery L. Hogue, Tyler J. Belong, and Marisol Jimenez Gaytan of Hogue & Belong APC.
The HP Age Bias Class Action Lawsuit is Garfield R. v. Hewlett-Packard Company, et al., Case No. 1:20-cv-04597-CAP-RDC, in the U.S. District Court for the Northern District of Georgia.
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6 thoughts onHP Class Action Lawsuit Alleges Age Discrimination
Last fall over Citrix laid off dozens of older workers and provided a two week severance for each year of service. I’m sixty eight and although I was not laid off initially due to having to complete a project, as soon as it was completed, I along with dozens of other older workers were forced out with no severance.
I believe Citrix management created a culture of AGE DISCRIMINATION which was systemic throughout the organization and is documented by its hiring and termination practices whereby they planned to force out older workers and replace them with younger lower paid employees.
NESTLE USA Fulton NY closed plant down. Saying it was an older workforce.
Please add me. I was let go on the last wave of January 2021. Your write up is completely correct. I would have made it my last job till retirement. I to applied for positions and not selected at all.
What is the status of the class action suit?
Add can I be added?
What is the update?How can I be added?
Add me please