Age Inclusion

Federal court ruled IBM broke ADEA by trying to shorten the deadline for suing over age discrimination. EEOC analysis showed 86% of workers considered for layoff were over 40. Over 20,000 workers age 40+ were discharged in what plaintiffs called 'standard operating procedure' for discrimination.

After seven years of litigation, HP Inc. and Hewlett Packard Enterprise settled age discrimination class action for $18 million in September 2023. Lawsuit alleged CEO Meg Whitman directed company-wide policy starting around 2012 to transform workforce by pushing out older employees and aggressively hiring younger ones. In August 2013, HP's HR department issued guidelines requiring 75% of new hires be 'graduate' or 'early career' employees. Internal documents maligned older employees as 'traditionalist' and 'rule breakers.' Whitman expressed desire to change age makeup from a 'diamond' to 'quite flat diamond' with 'lots of young people coming in right out of college.' Between July 2012 and February 2017, there were 29 age discrimination complaints against HP in California alone. Court granted collective action status in April 2021.

In February 2021, the EEOC concluded a five-year investigation finding 'reasonable cause to believe' Intel discriminated against eight workers over age 40 during 2015-2016 layoffs in violation of the Age Discrimination in Employment Act. During the layoffs involving approximately 2,300 employees, the median age of laid-off employees was 49—seven years older than the median age of employees who were retained (42). The EEOC investigation was prompted by employee complaints following the mass layoffs. This finding represents one of the clearest federal agency determinations of age discrimination in tech industry layoffs.

In August 2019, Google settled a class-action lawsuit for $11 million involving 227 plaintiffs who alleged systematic age discrimination in hiring. Plaintiffs claimed Google's median workforce age of 29 (vs. 41-42 nationally) reflected discriminatory practices, that younger workers were hired at substantially higher rates than similarly qualified workers over 40, and that older applicants were told they were not a good 'cultural fit' or not 'Googley' enough—alleged euphemisms for age. Google also agreed to train employees on age-based bias, create a recruiting subcommittee focused on age diversity, and ensure marketing materials reflect age diversity. The settlement followed class certification in October 2016.

From 2017-2025, Meta/Facebook's advertising algorithms discriminated against older workers and women in job ad delivery. ProPublica/NYT 2017 investigation found dozens of employers ran recruitment ads limited to specific age groups. EEOC ruled in September 2019 that four companies violated federal law by excluding women and older workers from job ads. Meta settled in March 2019 for $5 million with ACLU/CWA, agreeing to eliminate age/gender targeting in employment ads. However, December 2022 EEOC charge by Real Women in Trucking (joined by AARP Foundation in 2023) alleged Meta's ad-delivery algorithm continued discriminating, with ads delivered to 99% male or 99% under-55 audiences despite advertisers targeting all ages/genders. Case remains pending with EEOC as of 2025.

From 2013-2025, IBM systematically discriminated against older workers through 'Resource Actions' layoffs that targeted employees over 40. ProPublica investigation (2018) revealed IBM ousted an estimated 20,000 U.S. workers ages 40+ over five years. EEOC determined in August 2020 that IBM engaged in systematic age discrimination with 'top-down messaging from IBM's highest ranks' directing managers to reduce headcount of older workers. EEOC found over 85% of those targeted for layoff were older workers. Court documents revealed 'dinobabies' emails from executives including CEO Ginny Rometty and SVP Diane Gherson discussing plans to make older employees 'extinct species' and citing older women as 'dated maternal workforce.' Multiple class-action lawsuits and settlements followed, with discrimination continuing through 2025 layoffs and return-to-office mandates used as 'soft layoffs.'