$51 Million Awarded in Age Discrimination Case
Never fear that you are not big enough to stand up to a large corporation. Everyone is equal in the eyes of the law. A recent jury verdict of $51.5 million in favor of an employee and against one of New Jersey’s largest employers demonstrates this principle in action.
Robert Braden was 66 years old when Lockheed Martin laid him off from his position as a project engineer in 2012. He was a mid-level manager who’d been employed at the company for 29 years when a reduction in force resulted in the lay offs of 308 workers company-wide.
Braden was the only person in his six-member team to be let go, and he was also the oldest. When they let him go, Lockheed provided no reasons to Braden for choosing him over two younger employees with the same title as Braden. The two younger employees retained their positions. To add insult to injury, the company hired a new, younger employee for Braden’s position a year later.
In fact, Braden claimed Lockheed Martin regularly hired young employees to fill positions for which he was qualified even while the company continued laying off other workers.
The discrimination lawsuit Braden filed claimed age was a motivating factor in his termination. He also claimed he’d been paid less than younger workers with similar jobs and said he’d heard remarks by company executives that it was okay to give older workers lower reviews and lower pay because older workers have nowhere else to go.
But Braden did have somewhere else to go. He went to court.
Age discrimination is the act of a person treating someone less fairly because of his or her age. The Age Discrimination Act in Employment Act was enacted in 1967 to protect people who are over 40 years old from becoming disadvantaged at work because of their age. Older employees must be treated fairly by employers when it comes to hiring, firing, pay, promotions, layoffs and all other employment conditions.
Our laws are designed to protect people like Braden. For all of Lockheed’s great size, impressive wealth and smart lawyers, it couldn’t change the facts of the case, which the jury said showed he’d been a victim of age discrimination.
Lockheed Martin denied the allegations, of course. Its lawyers said Braden was let go for legitimate reasons. They cited poor reviews and lack of skills as reasons. But, when Lockheed employees were asked in court to explain why Braden was let go, their stories varied, making their argument a hard sell. Lockheed Martin also tried to point out differences in the responsibilities and job duties between Braden’s position and those of his younger co-workers.
The 8-person jury was unconvinced. The jury voted to grant Braden:
- $520,000 in economic losses
- $520,000 in liquidated damages (per the Age Discrimination Act)
- $50,000,000 in punitive damages
This case clearly shows employers can’t get away with discriminating against older employees. Employers must be able to demonstrate objective reasons for terminating an older employee. If you are concerned about age discrimination in the workplace, contact us for consultation.
