Earlier this month in New Jersey, a federal jury found that Lockheed Martin had discriminated against one of its employees because of his age and awarded that employee $51.5 million. Reports about the case indicate that the jury heard evidence that Lockheed Martin had a practice of laying off older workers while at the same time recruiting and hiring younger workers.
The plaintiff in this case, Robert Braden, was the oldest of six employees who reported to the same manager and he was the one chosen for layoff. The company gave Braden no reason for his lay off and did not use any objective criteria to make the layoff decision. Braden was 66 years old at the time of the layoff. The other four employees that the company chose for layoff from Braden’s facility were all older than 50.
The jury awarded Braden $520,000 in back pay which was doubled under the federal Age Discrimination in Employment Act (ADEA). The jury also awarded Braden $520,000 for emotional distress under New Jersey state law. Also under New Jersey state law, the jury decided to make Lockheed Martin pay Braden $50 million in punitive damages.