COVID-19 Insights and Information


Practice Areas


What Do Dinobabies and Digital Natives Have in Common?


woman working from homeBoth dinobabies and digital natives were used in IBM communications regarding older workers.  These comments and other actions are being used as evidence in an age discrimination lawsuit against IBM.  Details of the litigation and IBM response are described in SHRM article, “IBM Defends Itself from Allegations of Age Bias.”

The article also provides legal commentary regarding actions employers should and should not take towards older employees.  Sarah E. Pawlicki, an Eastman & Smith member, says that when considering early retirement offerings employers should focus on “length of service with the company rather than age for eligibility.”  Additional efforts include focusing on employee qualifications and documenting HR decisions.

Ms. Pawlicki has a broad range of employment experience, partnering with human resource professionals to make workplaces better (and legally compliant).  This includes counseling employers in all areas of employment law such as compliance with the Age Discrimination in Employment Act.  For questions about age discrimination, please contact Ms. Pawlicki.