Legal Advocacy
Judge Grants Class-Action Status in 3M Age Discrimination Lawsuit
Source: BNA Daily Labor Report
ST. PAUL, Minn.--A Minnesota state court judge April 11 granted class-action status to a lawsuit that alleges that Maplewood, Minn.-based 3M has systematically discriminated against its older workers since 2003 (Whitaker v. 3M Co., Minn. Dist. Ct., No. 62-C4-04-012239, 4/11/08).
The ruling by Judge Gregg E. Johnson in the Ramsey County judicial district would allow an estimated 6,000 current and former 3M employees the ability to join a 2006 lawsuit that claims the company worked to remove those older than age 45 after hiring a new chief executive officer in 2001.
An attorney for the class said the court's order is significant in that it means the lawsuit will advance to trial. Susan Coler of Sprenger & Lang of Minneapolis said the lawsuit is unusual in that it asserts claims on behalf of a sizable number of current employees. Age discrimination lawsuits typically involve former employees or plaintiffs who were unable to get hired because of their age, she said.
The lawsuit alleges that 3M engaged in an "interwoven set of actions" aimed at elevating younger employees and removing those 45 years old and older who were perceived as being less able or willing to accept the new practices adopted by the company. It is alleged that the company discriminated in its performance appraisals of older workers, thereby denying them training, advancement, and promotions. As a result of the discrimination, the lawsuit contends, older workers at 3M were denied merit pay, pay increases, and stock options.
Suit Seeks Damages Under State Law
The class contends that 3M's actions violated the Minnesota Human Rights Act. It seeks compensatory damages, including back pay and front pay, treble economic damages, and punitive damages. The lawsuit also seeks an injunction to bar 3M from discriminatory employment practices.
Under the court order, the class will include current and former 3M employees who were 46 or older in salaried positions on or after May 10, 2003, who did not sign a document releasing the company from any claims arising out of their employment. Coler said that while Sprenger & Lang is investigating filing lawsuits over 3M's employment practices at its facilities nationwide, the class is limited to those who worked or are working in Minnesota.
The order states that the class will prosecute the claims that 3M engaged in a pattern and practice of age discrimination with respect to performance appraisals, leadership development opportunities, promotion decisions, compensation decisions, and job eliminations.
Coler said 3M has 30 days to decide whether to contest the court's order. If it is challenged, she said, the issue would be before the Minnesota Court of Appeals. If the ruling is not appealed, she said, the plaintiffs will move to have the trial held as soon as possible.
3M officials were unavailable for comment.
Text of the order may be accessed at http://op.bna.com/dlrcases.nsf/r?Open=vros-7dwugb.
By Mark Wolski