Sign up for the Today newsletter
Get everything you need to know to start your day, delivered right to your inbox every morning.
Former Wayfair employee loses age discrimination suit
Richard DiBona, 53, who worked at the company as a software engineer, alleged he was discriminated against because of his age.
After a one-week trial, a jury in Suffolk Superior Court in Boston rejected former Wayfair software engineer Richard DiBona’s age discrimination claim.
Wayfair Layoffs
DiBona took the online furniture company to court over allegations that it discriminated against him because of his age, saying the company fired him without due cause, while DiBona’s former manager and other Wayfair executives testified that there were concerns with DiBona’s performance and leadership skills, The Boston Globe reported.
DiBona said in testimony last week that he received a positive performance review in February 2020 and was fired in July 2020. He is 53.
Advertisement:
DiBona alleged that he was blindsided two months after the positive review with a “performance improvement plan that could result in his termination,” and charged that the plan was a way of getting rid of him after he asked for time off to care for his two children, who were sent home from school because of the pandemic, according to Globe reporting.
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.
Advertisement:
Wayfair executives maintained that DiBona was fired for legal performance reasons, and on Wednesday, a jury agreed.
“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,” the company said in a statement to the Globe.
Like many companies, Wayfair experienced a boom-and-bust sales cycle during the pandemic, with annual sales soaring from $9 billion to $18 billion in 2020. When the moment passed, it gave way to a series of layoff rounds.
DiBona said he “remains proud” that he pursued the case, despite not winning.
“Discrimination in the workplace — especially when shaped by unconscious or implicit bias — remains far too common and too often goes unchallenged. I’m deeply grateful to everyone who supported me and my family throughout this process,” he said in a statement to the Globe.
There have been two other age discrimination lawsuits filed against Wayfair in Suffolk County court from employees who were fired in 2021. One of them, filed by Mark Bissaillon, a former Pittsfield call center customer service manager, was dismissed by Judge Sarah G. Kim this week. She said it was missing some required elements and would need to be refiled.
To comment, please create a screen name in your profile
To comment, please verify your email address
Conversation
This discussion has ended. Please join elsewhere on Boston.com