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Boston Globe
04-05-2025
- Business
- Boston Globe
Wayfair software engineer fired during COVID getting his day in court for age discrimination lawsuit
Get Starting Point A guide through the most important stories of the morning, delivered Monday through Friday. Enter Email Sign Up Huge mass layoffs have generated thousands of age discrimination cases at other tech companies, Advertisement Wayfair said the three firings were justified by poor job performance. 'We firmly deny allegations of ageism and remain confident that the facts will demonstrate we acted both lawfully and fairly,' the company said in a statement to the Globe. 'We do not discriminate on the basis of age or any other characteristic.' Advertisement Studies At Wayfair, former workers have not filed with courts evidence of purposeful or systematic efforts to remove older workers. And Wayfair was founded in 2002, so it did not have as many veteran workers with decades of service as a company like IBM, which has been in business for over a century. Still, the plaintiffs have turned up some evidence judges have found relevant to age discrimination claims. According to a filing from DiBona's case, a January 2020 email to his department's manager indicated 'discrepancies in your org which could indicate possible bias.' The email cited an internal analysis of 2020 performance reviews that found that workers over 40 were statistically more likely to receive lower ratings and less likely to be promoted than workers under 40. Aging stereotypes play a significant role in shaping people's views of future potential and outcomes, which can affect performance reviews, according to David Weiss, who has studied ageism and is head of the developmental psychology division at Martin Luther University Halle-Wittenberg in Germany. 'The underestimation of older adults' unintentionally bias performance assessments,' he told the Globe. Advertisement Another court filing revealed Wayfair's chief technology officer Jim Miller, in an April 2020 Slack message visible companywide, wrote 'people need role models that look like them – not 55-ish year old white guys." Wayfair's lawyers have said the review analysis was collected as part an effort to eliminate bias. And Miller's statement was in support of efforts to diversify the workforce. 'We collect and analyze data to quickly identify and address workplace trends, ensuring fairness and accountability at all levels,' the company said in a statement to the Globe. DiBona's lawyers cited both the internal review data and Miller's statement as the trial started in Superior Court in Boston last week. 'Something unlawful, something deeply unfair happened to Mr. DiBona,' his lawyer, Kathleen O'Toole, told the jury in her opening statement. 'His job performance was not the real reason for his termination. The real reason was his age.' Wayfair experienced a boom and bust sales cycle during the pandemic and cut more than 4,000 jobs — many in Boston — over the past three years, mostly via mass layoffs. David Ryan/Globe Staff/Boston Globe Wayfair's lawyer, Lynn Kappelman, denied that managers at the company discriminated against DiBona, noting he was already 52 when he was hired. 'The same people who hired him fired him,' she told the jury in her opening statement. Kappelman outlined for the jury what she described as a series of warnings to DiBona that his work needed to improve starting about four months before he was fired. Dibona was put on a formal 'performance improvement plan' on June 18, 2020, but did not show improvement, she said. At that point, his managers 'really have no alternative but to terminate him.' After the statements, DiBona, wearing an open collar white shirt and a grey sports jacket, testified for more than two hours. At his first formal performance review in February, 2020, he received a rating of meeting expectations. 'My understanding was that I was doing well and off to a good start,' he testified. Advertisement When the pandemic struck and workers were sent home the next month, DiBona became the primary caregiver for his two young children, who were sent home from school. Although Wayfair's top executives had told managers to give workers leeway with caregiving responsibilities, DiBona said his manager ignored his efforts to make her aware of the added stress and time commitment his kids required. At the end of April, DiBona said his manager presented him with a two-week 'performance improvement plan,' a documented process to monitor his work that could result in termination. 'I was shocked,' he said. 'It came completely out of the blue. ... I felt I was about to be fired.' After speaking with a human resources representative, DiBona said, he decided he was being discriminated against due to his age and caregiving responsibilities, and he filed an internal complaint within the company. The performance improvement plan was canceled, but DiBona's manager continued to give him negative feedback. About a week later, the HR rep told him in an email that she had found 'no direct evidence of bias on the basis of age.' In June 2020, DiBona hired a lawyer who sent the company a formal complaint of age discrimination known as a demand letter. The company declined the letter's demand to settle with DiBona for $900,000. Instead, they again put DiBona on a two-week performance plan and fired him at the beginning of July. He DiBona's supervisor, Alex Cheng, testified in court on Thursday and Friday. Advertisement Cheng denied she had discriminated against DiBona and said she had concerns about his management skills and team leadership even before the pandemic struck. By June, when she put DiBona on the final performance improvement plan, he had been underperforming as a team manager for eight or nine months, she said. 'That's a long time for a team to be struggling with leadership,' she said on Friday. And Cheng said she would have granted DiBona specific child-care accommodations, such as hours off during the work day, if he had asked. 'I thought he would approach me directly if he needed something,' she said on Friday. Aaron Pressman can be reached at


Scoop
24-04-2025
- Politics
- Scoop
Landslide Approval Of Wairarapa Water Model
Article – Emily Ireland – Local Democracy Reporter The council asked for feedback on two options: a Wairarapa-Tararua asset-owning council-controlled organisation (CCO), or its existing approach — a non-asset owning CCO similar in structure and ownership to Wellington Water. Submitters to South Wairarapa's Local Water Done Well consultation have been largely in favour of joining forces with Carterton, Masterton, and Tararua to deliver water services. But some presenters at Wednesday's hearing were critical of the council only consulting on one 'viable' option. The council asked for feedback on two options: a Wairarapa-Tararua asset-owning council-controlled organisation (CCO), or its existing approach — a non-asset owning CCO similar in structure and ownership to Wellington Water. Of 134 written submissions, about 87% were in favour of the Wairarapa-Tararua model. Submitter Leah Hawkins said the Wairarapa-Tararua option was 'not just being presented as the preferred choice, but is the only viable choice'. She was concerned there was no backup plan if the model did not succeed. 'South Wairarapa should not be forced to adopt a model just because there are no other options on the table. 'It's policy by default and we must try to demand better.' The council's consultation document said the status quo approach would present significant financial challenges in delivering its planned water infrastructure programme. It said from around 2030 onwards, the council would no longer have the capacity to fund any further capital works through debt, 'severely limiting our ability to maintain and improve our water infrastructure'. Submitter Dean Di Bona said the government had delivered 'an absolute lemon of legislation that we have to work with'. He said the council's status quo approach had resulted in an adverse audit opinion in the council's draft long-term plan, which left only the Wairarapa-Tararua option as 'a contender'. 'This starkness has left us in the unenviable position where tunnel vision can take over and red flags are missed,' Di Bona said. He asked what would happen if one of the four councils did not join the Wairarapa-Tararua model, and expressed concerns about attracting expertise and resources when other CCOs would be getting set up at the same time. Submitter Adrienne Young-Cooper, who was previously the chair of the Wairarapa Economic Development Strategy, supported the Wairarapa-Tararua model and believed it would 'create an entity of sufficient scale and financial clout and expertise to be able to do a great thing for all the councils'. She hoped the proposed Wairarapa-Tararua model would attract 'great people who are prepared to come and live in Wairarapa, grow their families here, and build their careers'. Submitter Shane Atkinson was also in favour of the Wairarapa-Tararua option but believed there would be no buy-in from other councils unless water charges were ringfenced by district. 'I can imagine the howling and snivelling from Masterton should there be any suggestion that they pay for or have higher costs as a result of taking on board some of the smaller entities,' he said. Submitter Bill Armstrong also supported the asset owning CCO option with neighbouring councils, but he wasn't supportive of Tararua being included. He said the inclusion of Tararua significantly increased the geographical area of the proposed CCO and was concerned it would increase costs and stretch resources thin. Submitter Sue Fox asked the council to pursue a status quo model with Wellington councils. 'Instead of the uncertainties and costs attached to forming a new CCO, let's stick with the devil we know,' she said. 'Having seen the attempts to get the Wairarapa councils to work together over the past three or four terms, I just cannot have confidence that the CCO body will be set up in a timely way and be ready to start operating within the proposed budget.' The council would deliberate on submissions on May 8.


Scoop
24-04-2025
- Business
- Scoop
Landslide Approval Of Wairarapa Water Model
Submitters to South Wairarapa's Local Water Done Well consultation have been largely in favour of joining forces with Carterton, Masterton, and Tararua to deliver water services. But some presenters at Wednesday's hearing were critical of the council only consulting on one 'viable' option. The council asked for feedback on two options: a Wairarapa-Tararua asset-owning council-controlled organisation (CCO), or its existing approach -- a non-asset owning CCO similar in structure and ownership to Wellington Water. Of 134 written submissions, about 87% were in favour of the Wairarapa-Tararua model. Submitter Leah Hawkins said the Wairarapa-Tararua option was 'not just being presented as the preferred choice, but is the only viable choice'. She was concerned there was no backup plan if the model did not succeed. 'South Wairarapa should not be forced to adopt a model just because there are no other options on the table. 'It's policy by default and we must try to demand better.' The council's consultation document said the status quo approach would present significant financial challenges in delivering its planned water infrastructure programme. It said from around 2030 onwards, the council would no longer have the capacity to fund any further capital works through debt, 'severely limiting our ability to maintain and improve our water infrastructure'. Submitter Dean Di Bona said the government had delivered 'an absolute lemon of legislation that we have to work with'. He said the council's status quo approach had resulted in an adverse audit opinion in the council's draft long-term plan, which left only the Wairarapa-Tararua option as 'a contender'. 'This starkness has left us in the unenviable position where tunnel vision can take over and red flags are missed,' Di Bona said. He asked what would happen if one of the four councils did not join the Wairarapa-Tararua model, and expressed concerns about attracting expertise and resources when other CCOs would be getting set up at the same time. Submitter Adrienne Young-Cooper, who was previously the chair of the Wairarapa Economic Development Strategy, supported the Wairarapa-Tararua model and believed it would 'create an entity of sufficient scale and financial clout and expertise to be able to do a great thing for all the councils'. She hoped the proposed Wairarapa-Tararua model would attract 'great people who are prepared to come and live in Wairarapa, grow their families here, and build their careers'. Submitter Shane Atkinson was also in favour of the Wairarapa-Tararua option but believed there would be no buy-in from other councils unless water charges were ringfenced by district. 'I can imagine the howling and snivelling from Masterton should there be any suggestion that they pay for or have higher costs as a result of taking on board some of the smaller entities,' he said. Submitter Bill Armstrong also supported the asset owning CCO option with neighbouring councils, but he wasn't supportive of Tararua being included. He said the inclusion of Tararua significantly increased the geographical area of the proposed CCO and was concerned it would increase costs and stretch resources thin. Submitter Sue Fox asked the council to pursue a status quo model with Wellington councils. 'Instead of the uncertainties and costs attached to forming a new CCO, let's stick with the devil we know,' she said. 'Having seen the attempts to get the Wairarapa councils to work together over the past three or four terms, I just cannot have confidence that the CCO body will be set up in a timely way and be ready to start operating within the proposed budget.' The council would deliberate on submissions on May 8.


Reuters
05-02-2025
- Business
- Reuters
Wegovy maker Novo Nordisk says surging growth driving emissions higher
LONDON/COPENHAGEN, Feb 5 (Reuters) - Novo Nordisk emissions grew 23% in 2024, the company said on Wednesday, and will keep rising through the end of the decade as it boosts production of blockbuster obesity drug Wegovy. The company is spending billions to ramp up its Wegovy output as demand soars. "Emissions come with growth," said Katrine DiBona, corporate vice president of global public affairs and sustainability at Novo Nordisk, told Reuters in an interview. The Danish drugmaker said however its expansion plans do not change its commitment to the 2045 net zero emissions goal it set in 2021. In its annual report published with its fourth-quarter financial results on Wednesday, it also announced an interim target to cut its Scope 3 emissions by 33% by 2033 from a 2024 baseline. Scope 3 emissions - which include those from all suppliers in a company's supply chain - account for 96% of Novo's overall total. Novo Nordisk's plans to cut emissions include converting to lower-carbon materials where possible, and setting expectations for suppliers to use green power for deliveries. DiBona said some levers will not be available for some years, which is why the company expects emissions to keep rising until 2030. "It will be worse before it gets better. And that's also super important for us to be very transparent on that." Experts said the company's interim target seemed unrealistic, since it was not decoupling growth from emissions. "Sounds like a fairy tale," said Sasja Beslik, chief investment strategy officer at asset manager SDG Impact Japan, in response to the targets. Beslik said companies generally do not suffer reputational risk for setting climate targets and failing to reach them. "The sustainability angle is not part of the valuation of the stock and has no bearing on financial results, unfortunately." Novo previously reported a 55% increase in emissions from 2022 to 2023, but revised its emissions accounting to restate the 2023 data. Make sense of the latest ESG trends affecting companies and governments with the Reuters Sustainable Switch newsletter. Sign up here. Our Standards: The Thomson Reuters Trust Principles., opens new tab