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AT&T reached a deal Wednesday to resolve a former assistant vice president's suit alleging he was fired because he's a 58-year-old white man, according to a filing in Georgia federal court. The agreement comes in Joseph DiBenedetto's case, which claimed age discrimination in his termination from AT&T Services Inc.

AT&T Exec's Age Bias Suit : Settlement Reached

Joseph DiBenedetto filed a stipulation of dismissal, informing the court that he had agreed to end his last remaining Age Discrimination in Employment Act claim against AT&T Services Inc. This undisclosed settlement came before the court could rule on the telecommunications company's motion for summary judgment. In May, DiBenedetto had already dismissed his race and gender discrimination claims. The parties reached a tentative settlement in April, leading the court to halt proceedings until July 1, per court records. DiBenedetto’s suit, which centered on age bias, has now been concluded.

AT&T Exec's Age Bias Suit : AT&T’s Defense

AT&T moved to dismiss the suit in September, arguing that DiBenedetto’s age and race had no bearing on the decision to fire him. Instead, the company cited poor leadership and teamwork skills as the reasons for his termination. When AT&T decided to consolidate DiBenedetto’s position with another, it retained a different 58-year-old white man with a better performance history. DiBenedetto countered, arguing that AT&T’s claim of cost-cutting through consolidation was unconvincing given the company’s solid performance in the third quarter of 2020. However, AT&T maintained that a strong performance did not preclude efforts to further improve efficiency and reduce costs by consolidating roles.

Background and Claims

DiBenedetto worked in AT&T’s property tax group from 2000 until his layoff in November 2020. In his complaint filed in November 2021, he alleged that his termination was motivated by the company's diversity, equity, and inclusion goals. DiBenedetto claimed that his supervisor, a 59-year-old white man, had told him he couldn't see "a 58-year-old white guy" succeeding him due to adaptability issues, a sentiment allegedly shared with a senior vice president involved in the termination decision. AT&T argued that this statement was taken out of context and had no impact on DiBenedetto's termination. Additionally, AT&T pointed out that another older white man assumed DiBenedetto's responsibilities, indicating that his departure did not enhance the diversity of his supervisor’s department.

Legal Representation

DiBenedetto was represented by Marissa Torgerson and Steven Wolfe of Legare Attwood & Wolfe LLC. AT&T was represented in-house by Sheldon W. Snipe and by Cole B. Ramey, Kathleen D. Barton, Maeghan E. Whitehead, and Susan W. Pangborn of Kilpatrick Townsend & Stockton LLP.