Welcome to Breaking The Law—the new blogumn (because “columns” are so 2006) wherein I come across a lawsuit I feel you’d benefit from knowing a little about, but can’t be bothered to poke too far into it, so I stick it on here “for your interest” and forget about it forever. To clarify, this does not mean Ask A Brit is dead, although please, no more questions about the origin of the word ‘limey’…
BREAKING THE LAW: Because I miss Scott’s Judas Priest clips…

First up, age discrimination. Here’s something you wouldn’t want to say in the workplace: “It was time for us old farts to turn things over to the young blood.” Why? Because that’s Breaking the Law, baby. Age discrimination is grounds for getting sued!

Before we go any further, it’s time to remind you I’m writing about pending litigation that’s not yet been decided in court. So we’re talking about allegations. Not facts. Now: Debbie Smith of Virginia-based, Oregon-operating corporation Northrop Grumman is alleged to have said the words above to 61-year-old web developer Alan Westhaver in September 2005, 10 months before firing him. Poor chap was only 4 years from retirement but boy, was he expensive.

Westhaver is now suing for lost wages of $5401.07 per month from July 2006 through to April 2008, and an award of lost fringe benefits of up to $1.5m. He also wants non-economic damages of $500,000, his job back, and attorney fees.

According to the discrimination suit filed by Westhaver on Monday, November 5, Smith reviewed Westhaver’s performance as a web developer on February 23, 2006, and gave him an assessment of “exceeding” her expectations. Then, three months later, she put him on a 60-day performance improvement plan “due to…unsatisfactory performance.” Westhaver submitted a detailed rebuttal to the statements made by Smith about his alleged unsatisfactory performance but received no reply, he alleges.

On July 3, 2006, Westhaver submitted a complaint to the corporation’s workforce relations department saying he believed he was being discriminated against because of his age. He was fired 14 days later, on July 17, 2006, for the stated reason, “Reduction-In-Force (RIF).” On July 23, 2006, Northrop Grumman ran an ad in the Oregonian for a web developer, and in August 2006, “a significantly younger female” was hired for the position—the lawsuit alleges.

All these allegations, if true, could give Westhaver 8 claims for relief: Discrimination in violation of the age discrimination in employment act; Retaliation in violation of the age discrimination in employment act; Age and/or sex discrimination in violation of ORS 659A.030; Retaliation in violation of ORS 659A.030; Discrimination in violation of title VII (hiring); Wrongful Discharge; Failure to promote unter Title VII and ORS 659A.030; Intentional infliction of emotional distress.

The moral of the story? WHAT WAS HIS BOSS THINKING?!! Apart from, perhaps…if the allegations are proven…BREAKING THE LAW…BREAKING THE LAW…BREAKING THE LAW…

More next week.