back to article IBM not cooperating with discovery, say attorneys in age-discrimination case

IBM has been accused of trying to avoid its legal discovery obligations in Kinney v. IBM, one of many age discrimination lawsuits that have been brought against the IT titan in the past few years. In a motion [PDF] to compel discovery filed on February 28, 2022, attorneys for the current plaintiffs – who claim [PDF] IBM fired …

  1. Yet Another Anonymous coward Silver badge

    A classic defence

    We have the documentation to prove our innocence - but there's such a lot of it and we are worried the prosecution will tire themselves out reading it.

  2. msobkow Silver badge

    The thing about "discovery" is the accused does not get to decide which evidence is going to be relevant.

    1. Anonymous Coward
      Anonymous Coward

      Apparently IBM usually does get to.

    2. OldCrow 1975

      No. And You can't make me. Are not valid discovery inputs.

      1. NoneSuch Silver badge
        Devil

        Simple Cooperation Technique

        Find the IBM Board of Directors and senior execs in contempt of court and lock them up. The board, CEO, CIO, Head of HR, lead legal counsel, the lot.

        Then be amazed at how many documents arrive within hours.

        Do it once. Just once, and for the next ten years you will have no warrant issues with corporations.

  3. alain williams Silver badge

    It makes me wonder ...

    what have they got to hide ?

    1. Anonymous Coward
      Anonymous Coward

      Re: It makes me wonder ...

      The % bonus C-Suite earned for decimating the workforce to artificially boost their bonus. How else can they afford their helicopters/yachts/cars?

    2. msobkow Silver badge

      Re: It makes me wonder ...

      Guilt.

  4. Denarius Silver badge

    A few more years of this

    Bill Gates advice to Apple pre "The Return of Steve Jobs" will apply to the ruins of IBM. Selling to Fujitsu would seem logical. Needless to say the senior manglement will score huge bonuses for their brilliant business acumen </sarc>

  5. Pascal Monett Silver badge
    Flame

    "de-aging the workforce was never part of a grand corporate plan"

    Of course it wasn't. The CEO said to de-age in each corporate group individually, so it couldn't be corporate-wide.

    See ?

    Now, if you swallow that, I have a magnificent bridge to sell you . . .

    1. Yet Another Anonymous coward Silver badge

      Re: "de-aging the workforce was never part of a grand corporate plan"

      And then call the plan Project Ruby, cos Ruby is 50th anniversary and the plan was to fire everyone over 50

    2. Field Marshal Von Krakenfart
      Holmes

      Re: "de-aging the workforce was never part of a grand corporate plan"

      Well of course the de-aging plan is not a corporate wide plan, otherwise the execs would have to fire themselves.

      IBM = Important Bits Missing, mainly the experienced staff needed to their systems work, this story also gives me an IBM (Intense Bowel Movement).

  6. Potemkine! Silver badge

    Indecent Business Model

    If you work there, you've been warned: you will be on the redundancy list when you will be considered too old.

    Leave now, don't be accomplice of such a company, it doesn't deserve you.

    1. Julz Silver badge

      Re: Indecent Business Model

      Well, maybe plan for being made redundant and get the cash on offer. Was my mo when I worked for such shit holes.

  7. Doctor Syntax Silver badge

    Perhaps they should direct IBM's clients' attention to this. Something along the lines of "Why are you paying an IT company that can't even run off a simple report from it's own HR system?".

    1. Michael Strorm

      On the contrary- I suspect potential customers would be *extremely* interested in a system that's apparently able to produce reports whenever it's in the company's own self-interest but mysteriously- and conveniently- unable to do so whenever it's not.

      1. Anonymous Coward
        Anonymous Coward

        Well that's the sticky part, innit -- IBM haven't got a *system* which can perform such wondrous sleight of hand, they just have a pack of reptilian lawyers who are paid a shed load to lie and obfuscate.

        Harder to productize that.

  8. Ian Johnston Silver badge

    "Discrimination of any kind is entirely against our culture and who we are at IBM, and there was (and is) no systemic age discrimination at our company," said LaMoreaux in a public statement posted to the company's website.

    Useful rule of thumb: Any time anyone uses an identity-based whine ("not who I am" / "not who we are") in their defence, they are guilty as hell.

  9. FlamingDeath Silver badge

    “I Like Money”

    - Frito

    1. Anonymous Coward
      Anonymous Coward

      More like

      "Go away! 'Batin'!"

      - Frito

  10. Yes Me Silver badge
    Angel

    Pure coincidence

    Look here, it's pure coincidence that all departments adopted the same procedure at the same time. We in corporate HQ were totally amazed to notice this. We don't know how such a thing could happen, only a few months after a woods meeting where we carefully explained that discrimination of any kind is entirely against our culture and who we are at IBM, and there was (and is) no systemic age discrimination at our company.

    We hope that clears it up for you.

  11. WokeUpThisMorning

    I wonder what IBM's idea of a settlement is? Ginni Rometty & crew should personally be sued en masse. She destroyed people's lives, and in the Lohnn case, they have a death on their hands. Meanwhile, Rometty & Gherson are still making millions. They should hang their heads in shame.

    1. Doctor Syntax Silver badge

      "They should hang their heads in shame."

      Same? You're attributing to them a character trait they don't have.

  12. LybsterRoy Bronze badge

    Whilst I agree with many of the comments posted I do have a question. Does the 5th amendment (if I've got the right number) only apply to actual human beings and not corporations? Discovery seems to me like "give us the stuff to prove you're guilty". I can't see anyone ever asking for discovery to prove innocence.

    1. Doctor Syntax Silver badge

      An good question. Probably half the answer is that the concept of self-incrimination only applies to criminal cases and the other half from the fact that lawyers' children can't be allowed to starve, or something like that.

  13. Anonymous Coward
    Anonymous Coward

    Waiting for these court cases to declare IBM guilty (which we all know is the case), to see if a class action in Canada can be viable .

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