Problem:
Randall Dill, AFL’s client, was an exemplary employee in the consulting division of International Business Machines Corporation (IBM), receiving stellar reviews from his clients. In July 2023, without notice or warning, he was placed on a Performance Improvement Plan, which was tied to metrics outside his job description or control. In October 2023, he was terminated. At the same time, corporate leadership was under pressure from the CEO and financially incentivized to hire people based on their skin and sex. AFL’s client did not fit their ideal demographic, and by terminating him, the company made room to hire other candidates that fit their preferred demographic.
Action:
AFL sued IBM in federal court for violating Title VII of the 1964 Civil Rights Act and the Civil Rights Act of 1866.
Result:
The court denied IBM’s motion to dismiss, meaning AFL can move forward and continue to litigate the case.
