EEOC Files Class Action Lawsuit Against AT&T for Age Discrimination
Around the time I began this blog, I predicted that age discrimination lawsuits would cause the biggest problem for employers as the baby boomer bubble continued to expand. Much has changed since then, but it still seems that age discrimination may be “the big one,” to use my words back then.
As reported by Ross Runkel in his LawMemo blog (click here for his report and here for the actual complaint also on his blog), the Equal Employment Opportunity Commission has filed a class action against AT&T for age discrimination. The claim is that AT&T discriminated against older workers who left the company under an early retirement plan. How so? By denying these workers the chance to be rehired like younger workers (who hadn’t taken early retirement) are rehired.
You may be thinking that these older employees surely signed a separation or settlement agreement containing a release and agreeing not to file a charge of discrimination with the EEOC. I don’t know for sure, but that’s probably the case. The EEOC now takes the position that it’s unlawful to place such a release in a separation or settlement agreement. (Note my earlier warning.)
This case is one to watch closely. Absent a settlement by the EEOC and AT&T, it’s a case that should make its way all the way to the U.S. Supreme Court. The stakes are enormously high, not just for AT&T, but for all employers. During the recession, how many older employees have taken early retirement or been laid off with some kind of separation package? Most of them have signed a release agreeing not to file a charge or lawsuit against the employer.
If all of them can now file a charge of discrimination when they apply to be rehired and are not, age discrimination lawsuits are going to be bigger than I predicted.
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[...] EEOC Files Class Action Lawsuit Against AT&T for Age Discrimination | The Word employmentlawpost.com/theword/2009/08/21/eeoc-files-class-action-lawsuit-against-att-for-age-discrimination – view page – cached Around the time I began this blog, I predicted that age discrimination lawsuits would cause the biggest problem for employers as the baby boomer bubble — From the page [...]
August 22nd, 2009 at 6:57 am[...] View post: EEOC Files Class Action Laws… [...]
August 22nd, 2009 at 11:46 amAlthough not exhaustive by any means, here is a list of pending age discrimination class/collective actions. I hope it helps.
http://www.classadvocate.com/?direct=y&category=category&category_level1%5B%5D=4%3A446
August 24th, 2009 at 5:37 amDear Sir…This is amazing…I am so glad to hear that someone is finally taking on the at&t giant. I am a recent retiree from at&t, although I was not planning to retire when I did. I had 31 years but was more or less forced into it. Reasons listed below.
The management of this company has been getting away with these kinds of things for years. I am no womens activist by any means. However,as a woman who worked much of her time in the outside “Man’s World” of various technical jobs, it was a little tougher for us (girls) to be accepted into the work place. Much of the time, we were not taken seriously… When we girls had any kind of a problem, it seems like management would say…”Well if you can’t do the job, maybe you shouldn’t be here.” I take great offense to that statement especially for those of us women who were dedicated to our jobs, our customers and who worked very hard in those outside technician positions. And to be told by management…If you can’t take it…then maybe you should leave? I heard that one to many times in 2008…I had a husband who was sick in the hospital, my assigned job had been taken from me for NO viable reason and given to someone else who did not have nearly the specialized training that I had. I was forced into another job that I had absolutely NO training for and I went out on what at&t calls a “stress leave”, I spent 10 months in therapy and took three different kinds of medications just to get through the day… I retired one and a half months into that therapy and then had to fight at&t for disability payments for two months after that. They are tyrants who think that they can get away with anything they set out to do. It never used to be that way, but in today’s environment they DO what they think they can get away with. I know…I was a Union Vice President for three years. I saw it all and I had enough.
I would encourage that anyone who was steamrolled over by the company to become involved in this class action lawsuit. I don’t think that I have a case, but my husband is a “forced” retiree and I believe that he may have a case concerning this very matter. I also have several friends who were placed in the same situation. Where can I check into this for them?
Sincerely,
Jen Lanphear
August 26th, 2009 at 11:26 pmMs. Lanphear,
As noted in my post on this case, the lawsuit has been filed by the Equal Employment Opportunity Commission. It was filed by the EEOC’s New York office. The telephone number for the office listed on the complaint is 212-336-3698.
John Phillips
August 27th, 2009 at 9:52 amWomen should not be heard-they should remain silent-say the Lord… AT&T Columbia, Tennessee 38401
August 27th, 2009 at 11:04 amAT&T has another trick they use, they intentionally classify many employees as exempt when they are not. This results in lot of work that should be paid for being done by these employees.
If the lawyers want to make BIG money they should look at how many incorrectly classified employees there are in the major corporations. Going to the EEOC has not worked in Miami. The unemployment rate is too high, and they are overwhelmed just trying to get people their last checks.
September 2nd, 2009 at 7:49 pmNancy,
The kind of allegation you make above would be handled by the Department of Labor instead of the EEOC.
John Phillips
September 3rd, 2009 at 7:40 amIn the EEOC case is it rehiring as a contractor or rehiring as an employee? I just got canned because even though my manager wanted to convert me from contractor to employee the executives blacklisted me due to my pension downsizing package. Others with different packages or no packages and the same or less skills were converted to employees. Meanwhile my severance packaged (Called CIC said I could be rehired though the reqs to do so made it impossible)
September 12th, 2009 at 12:28 amCan I put in a complaint and still come back after being a contractor and waiting out 6 months? Unfair and annoying.. If no just at least it is bad karma
Dear DC,
If you are an employee or contractor of AT&T, you should probably call the EEOC office handling the AT&T case (telephone number in one of the above comments) and talk with someone about your questions. If you’re not talking about AT&T, then you should get some legal advice about your individual situation. It sounds a bit complicated, and you need to talk with someone who can counsel you on your specific questions and concerns.
John Phillips
September 13th, 2009 at 12:47 pmI applied to the local AT&T and subsequent to a skills test, an interview was scheduled. I thought the interview went well. I had all of the answers and a good resume as well as a degree. The only factor here is that I am 55 years old. I agreed to work any shift and start immediately. I was never contacted until I called the interviewer and requested a status on my interview. I was refused employment without a reason. My daughter, who was 32 years old at the time, interviewed and was hired. At her training classes, there were three pregnant women recently hired. This seems redundant as one of them was due to deliver her baby in two months! She relayed to me that very few of the newly hired employees even had a degree.
September 22nd, 2009 at 11:01 amSharon
I worked for over 14 years at AT&T in the greater Dallas/Ft.Worth area. At the end of 2003 they laid off the senior folks and repeated this again at the end of 2006 and that’s when I was laid off. Ericsson does the same thing, offering retirement packages for the 35-50 age group never to be rehired. Starting at 35!
September 25th, 2009 at 10:02 amThanks John. What is an interesting twist is that the forms we had to fill out regarding not suing for discrimination were for acts prior to or on the date of our separation package. What is happening with AT&T is new discrimination for holders of certain packages and not other packages on dates after the separation package. This is a new case of discrimination.
October 1st, 2009 at 10:13 pmCan anyone comment on who to go to when AT&T does not handle a sexual discrimination complaint by several women about the same district manager? We do not have the money for an attorney and have all quit or been fired for non performance. Instead, AT&T Human Resources is allowing this man to retaliate and possibly come back to the company. They have accused us of making these things up! We provided evidence and facts pertaining to several dates and times.
October 2nd, 2009 at 4:24 pmDC
I have received many job ads via email from staffing firms for consulting positions at AT&T and been told in writing that I cannot even apply for these jobs because I retired with VRIP. Who better to consult in a extremely complex industry than an experienced telecommunications consultant.
Wages are the same hourly rates for all who have the right knowledge and skills. VRIPers should be allowed to compete for these jobs just like anyone else. What if the military did not allow their retired men and women to be rehired as consultants on military projects.
October 7th, 2009 at 9:45 amI understand and urge you to join the law suit with the EEOC.
October 9th, 2009 at 10:08 amIt seems like ATT is discriminating with both their VRIP package and their CIC package though not their FMP package. My package was the involuntary CIC package. I think it is fair to say that even if the FMP does not discriminate that does not let ATT off the hook for discriminating against us with VRIP and CIC. We can not compete with the job applicant pool of today for these jobs which we are probably more qualified for and probably older than the average applicant. I think ATT will never let this go to the supreme court and I wish there was a way we could get them to change their ways now. It is real bad publicity and well earned by the executives.
I work currently for the company and we are looking for a attorney to take on a class action lawsuit for 5 of us. 2 women were fired n replaced with 2 men n statements have been made by mgmt. that they wanted men to hire for less drama in our store. Our ast. is a man n he makes sexual remarks and rubbed up against one of the girls that’s not employed anymore all the time and also talked about how he would have sex with her and our pretty customers when they left the office. He also talks about politics and religious beliefs all the time and doesn’t care how it offends us. Our ASM yells at us and if we report our RSM or ARSM she tells them what was said and whom said it. They are trying to get me fired for taking my kids to the Drs. office even thoe I have always presented a Drs. excuse because of there attendance policy. I do not miss work often at all and only if I’m sick or my kids. The ARSM has even been caught selling items on a account that was not his and discounting the items half price, which we Do Not Get. If we complain we are told McDonalds are hiring and our ASM even laid applications for employment on our toilet for them to be smart. I have been there for several years and I applied for the ARSM position and was overlooked for promotion for a man that had worked there for a year that is guilty of sexual harassment, stealing from the company, and going against other rules in our COBC handbook. This was the firat time I applied however the time before that I was going to apply for the RSM position and I was told by our ASM that I could not apply because I had been back only 2 months from maternity leave. I have the most seniority in the whole store. We have went to human resources and called the Ethics hotline over the way were treated and nothing happens. Any help would be appreciated! Thank you
October 11th, 2009 at 8:32 pmI was placed on surplus in 2008 due to downsizing and store closing. I have also applied for several open positions with AT&T and have the experience and job skills they require. I am over 50 and have NEVER received any type of offering for even an interview. In my old position, I actually heard my ARSM tell one of my sales reps, he was just what the company was looking for, young male workers!!!! My old position was in management so I am well aware of the “back office” procedures they do not want the public to know. Should I also call the number above to be included in the EEOC age discrimination suit?
October 18th, 2009 at 11:25 pmThe law suit being handled today is with the New York EEOC office. I suggest you go on the EEOC website and fill out the inquiry form for your State. Then ask them if this is related to the law suit being handled in NY. Good luck!
October 24th, 2009 at 10:48 pmOne other point is that in the 1980’s AT&T was broken up because the government felt it was too big and others could not compete in Telecom. I view that event as an unfortunate event because in those times AT&T and AT&T Bell Labs was an earnest company with lots of Research and Development and a desire to serve. Ironically there have been so many mergers causing AT&T to again get very big in size though now only focused on $ and power. Very little research. As a result the decisions of executives to ban select groups for work is closing off the livelihood of the victims in the groups they choose to pick. Now it is difficult for an individual who is banned from AT&T jobs to compete in the Telecom business. Ironically if AT&T executives aimlessly select minority groups to close out we are in need of a divestiture now as opposed to the 1980’s when Ma Bell cared!
October 24th, 2009 at 10:58 pmBelow is the response I received on a position I applied for with AT&T on 10/30/09. As a former AT&T employee with over 29 years of service, a first and second level manager, I find it extremely biased I am not qualified for a clerical position with AT&T. Of course the real clincher in this string of events is I retired voluntarily in March 2006, not with any forced retirement plan. Now I can’t even get a job in the clerical field? My age shouldn’t be a factor, but apparently this is happening, although the response received will never indicate so. As an older member of society, we need help.
Ron Watts:
November 2nd, 2009 at 6:04 pmThank you for expressing interest in the position of Senior Records Clerk − Fort Worth, TX−0905706.
Matching applicants with the right positions requires a unique combination of candidate experience, job requirements
and timing. While this position may not be a match for you, we appreciate the time and energy you have invested in
AT&T. Therefore, we would like to make you aware of a complimentary service where you can be introduced to and
considered by other great companies who may be able to match you with a position, right now.
SOS… I have been fighting with the union for almost one year due to the fraud A T & T is doing. I was terminated due to being right. I was targeted and I have proof.
I need help John..
November 4th, 2009 at 6:24 pmRafael,
The best I can do is refer you to one of DC’s comments above about what you can do.
John
November 5th, 2009 at 9:37 ami worked for AT&T for 11 years. It is a bad place to work and they are bullies to say the least. I invested many years and was an excellent employee. I got older, I got sick, and my benefits got better as my time in service accumulated. AT&T got rid of me and I am not alone! KUDOS for standing up to these blankety blanks! They have been doing it for years on end and get away with it! Thank you and best of luck! Take ‘em to the cleaners!
November 6th, 2009 at 11:37 pmI took the VRIP in 1998 and worked as a contractor for 4 years 2002-2004 and 2006-2008. Now I am being told that because I took the package I can never return….so 34 years later I cannot find work in my field as most of my experience was with ATT. I do not believe I ever signed anything that said I could never return….I was one of the younger employees…I think they will sit on this lawsuit till we are all retired
November 11th, 2009 at 6:36 pmI THINK THAT THE CLASS ACTION SUIT FILED IN THE NY COURTS HAS A VALID ASSUMPTION THAT AT&T IS NOT HIRING BACK THE PEOPLE THAT TOOK VOLUNTARY OR INVOLUNTARY EARLY RETIREMENTS; HOWEVER I BELIEVE THAT IT IS NOT BECAUSE OF THEIR AGE. LET ME EXPLAIN, IN 1981 WHEN JUDGE GREEN WAS OVERSEEING THE AT&T DIVESTITURE HEARINGS ONE OF THE CONDITIONS MR. GREEN PUT IN THE CONSENT DECREE WAS THAT ANY AT&T EMPLOYEE WHO WORKED AT AT&T PRIOR TO DIVESTITURE AND WHO CHANGED JOBS TO ANY OTHER AT&T SPINOFF COMPANY, IE PACBELL, BELLSOUTH, NYNEX, US WEST ETC AT ANY TIME LATER IN THEIR CAREER WOULD HAVE THEIR TIME BRIDGED FOR THE PURPOSE OF SENIORITY, VACATION TIME AND (WAIT FOR IT) PENSIONS. IT IS MY OPINION THAT ANY OF THE EXISTING OR PRIOR AT&T COMPANIES ARE PURPOSLY NOT HIRING THE OLDER EX AT&T EMPLOYEES BECAUSE IN MOST CASES IT WOULD ME THEY WOULD HAVE TO BRIDGE THEIR TIME.
I BELIEVE IT WAS NEVER JUDGE GREENE’S INTENT TO CAUSE THIS SITUATION, BUT IT WAS INEVITABLE.
I LEFT BELLSOUTH IN 2002. I HAVE APPLIED TO DIFFERENT POSITIONS AND SOME TIMES I GET CALLED IN FOR INTERVIEWS AND ALMOST PROMISED THAT I HAVE THE JOB BASED ON MY EXPERIENCE, BUT EVERYTIME I AM TOLD THAT THEY WILL SUBMIT MY PAPERWORK TO HR AND SHOULD BE HEARING BACK IN A FEW DAYS, NOTHING HAPPENS. WHEN I CALL BACK, I’M ALWAYS GIVEN SOME OTHER EXCUSE. HERE IS MY LAST COMMENT, I APPLIED FOR AND PASSED 2 OTHER INTERVIEWS AND AN ONLINE TEST FOR VERIZON YELLOW PAGES. I WAS ASKE TO COME BACK IN A COUPLE DAYS TO MEET WITH THE DISTRICT MANAGER, WHICH I DID. WHEN I ENTERED HIS OFFICE, BEFORE HE EVEN SAID HELLO, HE ASKED ME “IS THE ONLY REASON YOU ARE CONSIDERING VERIZON IS BECAUSE WE WILL BRIDGE YOUR TIME?”
WHERE SHOULD I GO WITH THIS ONE, AT THIS TIME I DON’T EVEN CARE IF THEY BRIDGE MY TIME OR NOT, OR IF I WORK AS A 1099 EMPLOYEE, I JUST WANT TO WORK IN THE INDUSTRY I SPENT MY ENTIRE LIFE IN.
THANK YOU
November 21st, 2009 at 12:48 amDAN
Dan,
Take a look at the string of comments above, and you’ll find some thoughts on where you should or might go with your concerns.
I haven’t read the consent decree to which you refer and, thus, can’t be of any assistance on interpreting it.
Something you might think about doing is getting some legal advice about how to approach the company with your proposal, which, as I understand it, would be that you would be willing to waive the bridge requirement which you say exists if you’re given a job. If the consent decree says what you’ve indicated, I’m not sure that the company could accept a waiver even if you’re willing to give one. However, it might open up some communication that would prove worthwhile to both you and the company. It would require that you be represented by a lawyer and would likely end up being negotiated between your lawyer and the company’s counsel, if it can be done at all.
John
November 21st, 2009 at 9:38 amWell the people who retired under the FMP are able to return and have actually been made employees in some cases. This Judge Green business is not viable since it is not a problem for those who took the FMP. What this means is that AT&T is discriminating for VRIP and the CIC and not for the FMP. There is also ego involved here since the CIC happened because SBC took over and how could they possible pay these old people again when they decided to get rid of them to begin with. As for VRIP I think the ego thing is that the package was voluntary.
November 22nd, 2009 at 11:58 pmAlso AT&T is NOT ALLOWING PEOPLE TO APPLY AS CONTRACTORS WORKING FOR OTHER COMPANIES DIRECTLY. When someone is a contractor they do not bridge service. The system etemp that is used stops you dead in your tracks for any position you want if AT&T is the funder regardless of which company you work for.
November 23rd, 2009 at 12:02 amI wish I had a law degree and ran this law suit cause I am angry and know more than most people about the intricate details of what AT&T is doing. This is because I was actually hired back as a contractor in the short period of time that AT&T allowed people to be rehired.
November 23rd, 2009 at 12:04 amOne other point. Even if there is some contorted Judge Green argument showing how AT&T is just confused then why doesn’t the CEO admit the mistake he made? For starters I do not know about VRIP though the CIC package discusses what happens if you return and you owe nothing. The package never said you could never return as an employee or contractor. This inconsistency in the package should make anyone’s signing of it meaningless since for example someone might never have signed such a package if this new constraint was originally in it.
November 23rd, 2009 at 9:27 amThat person might have gone to the EEOC then and asked why their manager retained his male drinking buddy and wrote him up with more skills than her which he did not have.
There is also no earnestness to correcting this problem since it is a distraction “out” to behave with discrimination. No immediate business reason told to the EEOC. People have offered back packages and asked to come back as contractors and the answer is always wait and see. Also AT&T has gotten too big and has too much power to negatively impact protected group. If Ma Bell intends to hit a driver or if she is just losing her vision her license still needs to be revoked.
The voluntary package that I took stated the we could not come back to BellSouth/AT&T for a period of 2 years or we would have to return a prorated portion of our buyout back.
November 24th, 2009 at 5:01 pmThe CIC package was involuntary and it stated that we could come back though discussed scenarios where some $ had to be returned. AT&T also did not allow you to return for 6 months from your off payroll date and after the 6 months no $ had to be returned. The whole process of applying for jobs is frustrating since I post my resume on job boards and get flooded with calls for AT&T jobs which I have to explain to people I can not apply for and the other jobs I am told are not in my area of expertise. It seems irresponsible of AT&T to say one thing and do another and even if there are reasons not to even put in place options to return as contractors. It also seems like AT&T is acting as a monopoly since there job entry system blocks people like us for fairly competing for any work. Meanwhile AT&T is losing since they are employing people with much less skills than we have.
November 24th, 2009 at 11:45 pmI also was with ATT for 28 years. I was let go in 2008 and the 13 jobs positions I applied for during my 60 days I was told I was underqualified. I had an excellent reputation, excellent work ethic and called in 4 times sick over all the years I was there. I was a manager for 9 years and had various roles. No reason was given to me as to why I was choosen while other younger folks were left in the role. I actually a door slammed in my face face when trying to approach a hiring manager, and then found out someone with fewer years was hired for the job.
December 7th, 2009 at 7:13 pmDid you sign any papers saying you would not claim discrimination when you were let go in 2008 and took a package? If you did then what happened over the 60 days might not be something you can sue for now.
Meanwhile if you want to be rehired now and are blocked from positions either as an employee or contractor because of the CIC package this is a new event of discrimination which you can go to the EEOC about. Even if AT&T claims this is not their intent to discriminate, according to the EEOC rules the action is discriminatory and AT&T is liable. AT AT&T employees speak on how you can not hire anyone with these packages cause of rules, though the package says nothing about not being rehired and even the CEO of a company can not make up rules which violate civil rights.
December 8th, 2009 at 4:58 pmKill them all
January 5th, 2010 at 2:25 pmWell .. if you dig deep you can always find something slightly good. I see only one glimpse of good in all of the stories noted above - I am not alone in devoting 34 years to AT&T only to receive layoff notification October, 2009. No details to explain why an experienced 57 year old professional woman with a documented stellar reputation and excellent performance reviews was replaced by a much younger man with little or no experience. And, most stunning to me and many who know me well, I was demoted without explanatioin serving as a District Manager for over 10 years. I am the first to admit that to win in the marketplace AT&T can no longer survive as the multi-layered giant of the ’70s … but, there is absolutely no reason to bully, harrass, lie and twist the truth to the advantage of the company who will utilize enormous resources to fight the little guy for as long as it takes to win. I am currently attempting to seek resources to help in a wrongful termination and denial of disability claim against the company. I see no end to this battle before I run out of money. This is the typical David and Goliath story. Does anyone have a good sling-shot lying around?
January 11th, 2010 at 12:19 amI tried to get back in after being forced to retire after 29 years. I was an excellent employee with perfect reviews till the very end where I was told “you can’t perform”. How do these people live with themselves knowing they are making things up? How can a company that treats it’s employees aweful treat their customers any better? The tide will turn for ATT some day, and they will be scratching their heads wondering why. The public is not stupid.
February 3rd, 2010 at 11:18 pmI took the VRIP package, which stated that we could be rehired as a consultant or employee after 6 months. I did get hired as a contractor up to 2008. Now, with the “new” AT&T, the rules restrict me from being hired as either. I guess suddenly I am no longer considered able to do the job. Which is strange since I am doing the job by working on a project contract through 2 contract companies.
Who do I see about being part of this suit?
February 5th, 2010 at 4:14 pmPlease review the comments above for potential options for you.
February 5th, 2010 at 8:14 pmJohn you can give HN my contact information. I can help him
February 16th, 2010 at 7:02 pmWill do.
February 16th, 2010 at 8:30 pmI would also like to post that I have never met John Philips though I am impressed with his willingness to reach out to all of us. He is one of those rare type of people who care about the suffering.
February 18th, 2010 at 9:09 amI have read all the stories above. I am in a similar situation. I was supposively let go for none performance, however I was second on our outside sales team. The manager was a male, who terminated every single older female. He also has no history of ever hiring a female. I have a lawsuite pending in California. Should I also register for the class action case out of New York? I would like to also get in touch with other females over 40 who have been discriminated against.
February 20th, 2010 at 5:22 pmThank You
I would first talk with the lawyer who is representing you in California and get his/her advice on also becoming involved in New York. It’s possible that someone has set up an 800 number for getting and staying in touch with people who may be alleging what you’re alleging. Your lawyer may also be able to help you with that.
February 20th, 2010 at 6:12 pmover 30 years with AT&T-filed an EEOC charge against AT&T and AT&T Sedgwick claims for Age discrimination, -several female employees have retired rather than put up with it-harrassment-Mgr screamed shut up or i’ll send you home when I told him he was disrespecting me…Retaliation for filing a grievance, and not granting reasonable accommodations under the ADA. Sedgwick said-we don’t do that when I asked for accommodations, it took 3 letters from the Ohio Legal Rights Service, telling them they were breaking the law and tons of medical documentation from my service providers-and on and on. I have been on disability for seven months-went back for 2 half days and now back on disability because they won’t have an interactive process to discover reasonable accommodations. I called fidelity and asked if my disability will be deducted from my ncs for my pension calc and they said no-but from reading this it appears as if it will-is that all disability? How can I get correct information? Is there anyone at CWA that can help-I’m not management. Why aren’t there more class action law suits? It’s so wrong - what they are capable of and get away with. Are there any age or ada class action law suits I could become part of? The way my office gets rid of senior employees is harassing them until they retire. Thanks for anything you can tell me. I am sorry I ever started working for them.
February 28th, 2010 at 3:36 pmIf one looks at the AT&T web site for open positions, there are several where the company is willing to hire recent graduates into their Network Development programs. This is great to bring new employees into the company with a willingness to learn, but they cannot be as productive as those of us who have extensive experience, but are not allowed to get rehired or the restrictions placed on the qualifying for the jobs automatically disqualify the individuals because of something insignificant not pertaining to the job at hand. Doesn’t make any sense!
March 15th, 2010 at 8:44 am