Richard DiBona, a former software engineer at Wayfair, claimed discrimination due to age after his termination in July 2020, despite a positive review in February. The jury in Suffolk Superior Court ruled in favor of Wayfair, noting that DiBona's dismissal was based on performance issues rather than age. DiBona had alleged unfair treatment when he was placed on a performance improvement plan after requesting time off to care for his children during the pandemic. Wayfair asserted it does not practice age discrimination, as proven by the jury's decision.
"The jury's verdict in our favor confirms what we have always known to be true: our organization does not discriminate based on age or any other characteristic."
"Under the Age Discrimination in Employment Act, it is unlawful for employers to discriminate against employees or job candidates who are 40 or older on the basis of age, and DiBona said younger under-performers at the company received different treatment."
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