3M faces second discrimination suit

  • Article by: LIZ FEDOR , Star Tribune
  • Updated: May 5, 2009 - 8:57 PM

A complaint in California alleges age bias, as does an older case in Minnesota.

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An age-discrimination lawsuit was filed against 3M Co. in California late Monday, more than four years after a similar case was filed in Minnesota.

The same law firm, Sprenger & Lang, is representing plaintiffs in both cases.

Six former and current 3M employees argue in the new suit that employees 46 and older were given less-favorable job reviews than their younger peers. Consequently, they contend, younger workers were given preferences for training, promotions and higher compensation.

The plaintiffs also argue that release forms signed by departing 3M employees -- designed to shield 3M from future financial claims -- are illegal.

3M spokeswoman Jacqueline Berry said Tuesday the California lawsuit was "without merit."

She added that workers are the company's "most valuable asset and our management practices are based on providing our employees with equal opportunities throughout their careers."

The filing in U.S. District Court in Oakland, Calif., comes less than a week after a Minnesota Court of Appeals panel weighed in on the Minnesota age-discrimination lawsuit. That litigation, filed in late 2004 and brought under the Minnesota Human Rights Act, was given class-action status last year by Ramsey County District Judge Gregg Johnson.

But the Minnesota Appeals Court judges reversed Gregg's ruling last week and directed the District Court judge to take a second look at the class-action issue. They said the lower court must look at a "preponderence of the evidence" in determining whether class-action status is justified.

In addition, the appeals panel said the District Court "failed to resolve factual disputes," which referred to the conflicting numerical analyses that expert witnesses gave on how older and younger employees were treated at 3M.

Steven Sprenger, a plaintiffs' attorney based in Washington, D.C., said the appeals decision "is not a setback."

Sprenger said he believes the Minnesota case ultimately will get class-action status. He said he would like to see a trial on the discrimination allegations before the end of the year.

Berry said 3M believes that the standards specified by the Minnesota appeals panel ultimately will favor the company in the court case.

While the Minnesota case focuses on Minnesota-based 3M employees, Sprenger said that the California suit covers employees not based in Minnesota.

Liz Fedor • 612-673-7709

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