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- Oct 20, 2013
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Democrat judges, notorious for stifling Affirmative Action cases, for decades, might finally be turning the corner, and really upholding the 1964 Civil Rights law, banning racial discrimination. In a case, filed by a white man, Joseph DiBenedetto, a Georgia resident who worked for two decades as an assistant vice president inside the tax research department of AT&T, filed an age, gender and race discrimination lawsuit against AT&T, after being laid off in the fall of 2020. His complaint claimed that his job was eliminated so the company could fill upper management roles with people of color.
AT&T contested the allegation in January. "Suddenly, DiBenedetto found himself lacking the assumed longevity, skin color and gender AT&T preferred," the lawsuit states. AT&T called for DiBenedetto's case to be dismissed, but Judge Mark Cohen of the U.S. District Court for the Northern District of Georgia, appointed by Obama in 2013, ruled this week that the case can move forward.
DiBenedetto, who started at AT&T's tax department in 2000, was assigned a new supervisor, Gary Johnson, in 2017, according to the lawsuit. After Johnson told DiBenedetto in July of 2020 that he planned to retire, DiBenedetto expressed interest in applying for his boss' job, the complaint states.
"Johnson told DiBenedetto he was qualified for the role and should pursue it but that he did not believe DiBenedetto would obtain the position because he was an old, White male with not enough 'runway' left in his career," according to the lawsuit. In that same conversation, Johnson also allegedly told DiBenedetto that his age could hinder him in adapting to the supervisor position.
"In these roles, you know, you've got to be able to adapt and move," Johnson said, according to the suit "And I'm not saying you can't, but a 58-year-old White guy, I don't know if that's going to happen."
Under U.S. employment law, organizations are not allowed to fire someone in order to enhance their workplace diversity, said Stewart Schwab, a Cornell University professor who specializes in employment and labor law, "It does sound like some uncareful things were said to him,. And this person was fired, so that's a big deal." Schwab said.
AT&T contested the allegation in January. "Suddenly, DiBenedetto found himself lacking the assumed longevity, skin color and gender AT&T preferred," the lawsuit states. AT&T called for DiBenedetto's case to be dismissed, but Judge Mark Cohen of the U.S. District Court for the Northern District of Georgia, appointed by Obama in 2013, ruled this week that the case can move forward.
DiBenedetto, who started at AT&T's tax department in 2000, was assigned a new supervisor, Gary Johnson, in 2017, according to the lawsuit. After Johnson told DiBenedetto in July of 2020 that he planned to retire, DiBenedetto expressed interest in applying for his boss' job, the complaint states.
"Johnson told DiBenedetto he was qualified for the role and should pursue it but that he did not believe DiBenedetto would obtain the position because he was an old, White male with not enough 'runway' left in his career," according to the lawsuit. In that same conversation, Johnson also allegedly told DiBenedetto that his age could hinder him in adapting to the supervisor position.
"In these roles, you know, you've got to be able to adapt and move," Johnson said, according to the suit "And I'm not saying you can't, but a 58-year-old White guy, I don't know if that's going to happen."
Under U.S. employment law, organizations are not allowed to fire someone in order to enhance their workplace diversity, said Stewart Schwab, a Cornell University professor who specializes in employment and labor law, "It does sound like some uncareful things were said to him,. And this person was fired, so that's a big deal." Schwab said.
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