| Discrimination Class Action Against 3MWhitaker v. 3M Company | ||
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Sprenger + Lang Files Lawsuit Against 3M Company For Age Discrimination
Sprengerlang.com FOR IMMEDIATE RELEASE:
Sprenger + Lang PLLC Contacts: Minneapolis, MN – Current and former of employees of 3M Company (NYSE: MMM) filed a lawsuit today against the Minnesota-based corporation alleging age discrimination in violation of the Minnesota Human Rights Act, according to their attorneys at Sprenger & Lang. The plaintiffs seek to represent a potential class exceeding 15,000 current and former salaried 3M employees in Minnesota. The complaint, filed in Ramsey Count District Court in Minnesota by the law firm of Sprenger & Lang, alleges that since at least 2001 3M intentionally has discriminated against employees age 46 and older in performance appraisals, training, promotions and pay because it perceives them as unwilling or unable to accept or adequately implement the company’s new management techniques. As the final indignity, 3M fires or forces these older employees into retirement or resignation, according to the complaint. This case is unusual in its focus. Most age discrimination class actions challenge the termination of older employees. This case also claims that 3M discriminates against its older employees in training, performance appraisals, pay, and promotions. Sprenger & Lang partner Michael Lieder explained, “The negative treatment of older employees is harder to prove in these kinds of decisions. For example, older employees may earn more than younger employees, but still may be the victims of discrimination because their increases are determined in a discriminatory manner. Our investigations so far suggest that such an egregious situation exists at 3M that we believe we can overcome those complexities.” The complaint alleges that age discrimination at 3M stems largely from the company’s selection of persons for intensive “Six Sigma” training -- a management methodology 3M adopted in 2001. According to the complaint, 3M selects very few persons age 46 and older for training as Six Sigma “Black Belts” or “Master Black Belts” compared to their presence in the workforce, and selection gives younger employees huge advantages in subsequent employment decisions. Susan Coler, also a partner at Sprenger & Lang, says, “3M makes no bones about the type of person it is looking to train in the new methodology. 3M’s CEO publicly has stated that he views Six Sigma as a ‘low-risk way to spot up-and-coming managers.’ That same CEO praised another intensive training program, for developing future 3M leaders ‘earlier in their careers’ We believe that 3M uses this training to give younger employees a huge leg up in their careers.” The plaintiffs claim that 3M also discriminates against older employees by using a performance appraisal system requiring lower ratings for a set a percentage of employees in each business unit, even if the objective quality of their work is higher than reflected by the rating. The complaint alleges that older workers have been disproportionately downgraded in this system, with negative effects on promotion, pay, and termination decisions. Several companies, including Ford Motor Company and Capital One, already have settled age discrimination claims arising from their use of similar rating systems. 3M apparently knows that it is vulnerable to discrimination claims. It seeks releases from every, or virtually every, employee whom it terminated. Indeed, the complaint recounts how one of the plaintiffs, Michael Mucci, found that 3M makes it virtually impossible to resign or retire without signing a release. Although he officially left the company as of September 30, 2004, 3M placed Mr. Mucci in a limbo state, and even opposed his unemployment compensation claim, when he refused to sign a release. Ms. Coler states, “We intend to examine the impact of such a practice on the freedom with which employees signed those releases.” According to its company website, 3M is a diversified technology company with worldwide sales of $18.232 billion and more than 67,000 employees. For more information about the case, please visit www.minnesotaclassaction.com ABOUT SPRENGER & LANGSprenger & Lang, with offices in Minneapolis and Washington, DC, has obtained some of the country’s largest gender, age, and race discrimination and ERISA judgments on behalf of tens of thousands of employees. Sprenger & Lang has successfully represented classes of plaintiffs against companies such as American Express Financial Advisors, CBS, Northwest Airlines, First Union, Amtrak, and Ceridian Corporation. For more information about the firm, please visit www.sprengerlang.com |
