Costly Comments: The $6 Million Verdict
A recent verdict in Pennsylvania awarded plaintiffs $6.2 million for age discrimination. This was before attorneys’ fees and possible enhancements. The New Jersey Employment Blog summed up the key “take-away” for employers exceedingly well:
“Downsizings are difficult on many levels. Companies need to be sure that their age-related analysis of the impact of the employees selected is done fairly and honestly, and not merely to justify management's desire to get rid of age-protected employees.”
Law.com mentions another interesting aspect of this case. There were several pre-trial motions in which the parties battled over whether managers’ comments should be admitted as evidence. Some were considered hearsay, having been overheard in hallway conversation, others were comments made in a deposition. According to Law.com, the defendants won some and lost some. But, apparently, the ones they lost were costly.
Sometimes, comments are unfairly taken out of context or distorted. Nonetheless, there is little excuse for straying from a strictly professional approach when discussing age, downsizing and other sensitive issues.
