Kingston, who managed the two salespeople through two lower-level managers, raised his concerns about racial discrimination with his superiors toward the end of 2017. Recalling his jury testimony, he said of his conversation with his managers, “They were telling me it wasn’t about money; it was some other reason. I flat out said, ‘You are leaving no possibility for anybody to conclude another reason than racial discrimination. You are foreclosing any other possible conclusion. You are going to get us sued.'” And that’s what happened. Beard sued IBM in 2018. After a failed motion by IBM to dismiss the case in April, 2020, the company settled for an undisclosed sum several months later.
Kingston sued in 2019 [PDF], after IBM fired him in April, 2018, claiming he had erred in approving Donato’s seven-figure commission. The company also fired two other IBM managers, Andre Temidis and Michael Lee, who raised similar objections to the allegedly discriminatory capping of commission due to an Arab-American salesperson. The Seattle jury found [PDF] IBM violated Washington State law against discrimination and policies against race discrimination and withholding wages. “We are disappointed by the jury’s verdict,” IBM said in a statement emailed to The Register. “IBM does not condone retaliation, race discrimination, or any other form of discrimination. The company will consider all of its options on appeal.”
Read more of this story at Slashdot.