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America June 4, 2024 3 mins read

Google Settles Suit Claiming It Pushed Out Older Men

America ı By Rihem Akkouche

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Google Settles Suit Claiming It Pushed Out Older Men

Google has reached a settlement to resolve a lawsuit from a former manager who claimed he was fired because the company aimed to oust older men in favor of younger women, according to a filing in Texas federal court.

Google Settles Suit Claiming It Pushed Out Older Men : Settlement Reached

Jeffrey Keplar asked the court on Friday to dismiss his case against Google LLC, stating that the parties had reached a settlement and the company would send him a check by July 8. Keplar and Google initially alerted the court on May 7 that they had reached an agreement, preventing a jury trial set to start on May 20.

Age Bias Claims Proceeded

U.S. District Judge Jane J. Boyle allowed Keplar's age bias claims under the Texas Labor Code and the Age Discrimination in Employment Act to proceed to trial by refusing to dismiss those claims in November. Keplar had shown that he suffered an adverse employment action — his firing at age 64 — despite strong performance reviews. During his first two years as an enterprise sales manager with Google's cloud sales organization, he met his sales quotas, Judge Boyle noted.

Keplar also demonstrated that he was initially replaced by a younger woman and later by a younger man, according to the order.

Google Settles Suit Claiming It Pushed Out Older Men : Dismissed Claims

However, Judge Boyle dismissed Keplar's breach of contract and gender discrimination claims. She found that since Keplar was ultimately replaced by a man and lacked convincing evidence of sex bias, Google's motion to dismiss this claim was granted.

Keplar's claim of wrongful denial of stock grants under his employment contract was also dismissed. Judge Boyle ruled that the plans did not guarantee he would receive any stock or grants if he remained employed at Google.

Summary Judgment Motion

In February, Google moved for summary judgment on Keplar's remaining claims, arguing that his dismissal was due to poor performance, not age discrimination. Google stated that Keplar's performance ratings fell from "meets expectations" to "needs improvement" under a new supervisor in 2021. When his performance did not improve, Google decided to terminate his employment.

Keplar countered in March, asserting that he had received only one poor performance review and had been assured by his supervisor that his job was secure. Despite this assurance, he was fired four months later.

Judge Boyle had not ruled on Google's motion before the settlement was reached.

Background of the Suit

Keplar sued Google in October 2022, stating he began working for the company in 2019 at age 62. He alleged that Google intended to push out men in his division, replacing them with women. Keplar claimed his older male supervisor was replaced by a younger, less experienced woman in June 2020, and Google then targeted him for removal, leading to his termination in April 2022.

Representatives of both parties did not immediately respond to requests for comment on Tuesday.

Keplar is represented by Robert E. Goodman Jr. and D. Elizabeth Masterson of Kilgore & Kilgore PLLC. Google is represented by Buena Vista Lyons, David R. Anderson, and Rachel Z. Ullrich of FordHarrison LLP.

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Rihem Akkouche

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