Wayfair Inc. has won a $1.5 million age discrimination lawsuit filed by a former employee, Richard DiBona, a 53-year-old software engineer, after a Massachusetts state jury cleared the company of all claims. The lawsuit, filed in Suffolk Superior Court, alleged that DiBona was wrongfully terminated after requesting flexible work arrangements to care for his children during the early months of the COVID-19 pandemic.
After a trial, the jury sided with Wayfair, confirming that the company did not discriminate against DiBona based on his age. DiBona had claimed that his termination was a result of unfair treatment compared to his younger colleagues and sought at least $1.5 million in damages, including front-pay, back-pay, emotional distress, and compensation for company stock.
A Wayfair spokesperson expressed satisfaction with the verdict, stating, “We are pleased with the jury’s decision, which affirms that Wayfair does not discriminate based on age or any other characteristic. Our commitment to fairness and inclusion remains unwavering.”
The company argued that DiBona’s termination was due to performance issues and his failure to meet expectations, despite having been placed on a performance improvement plan. DiBona contested this, pointing to his positive annual review and the fact that he was not included in a reduction in force in February 2020, which impacted 350 employees in Boston.
According to DiBona’s lawsuit, less than a month after he informed his supervisor of his caregiving responsibilities due to pandemic-related school closures, his manager initiated discussions about a performance improvement plan and offered him time off to search for a new job. DiBona claimed that younger employees who struggled with performance were given more time to improve, while he was terminated despite meeting expectations at the time.
In a statement following the verdict, DiBona expressed disappointment over the jury’s decision but reaffirmed his commitment to addressing workplace discrimination. “Discrimination in the workplace—especially when shaped by unconscious or implicit bias—remains far too common and too often goes unchallenged,” DiBona said. “I’m deeply grateful to everyone who supported me and my family throughout this process.”
The case, DiBona v. Wayfair LLC, was heard in the Suffolk County Superior Court of Massachusetts under case number 2084CV02653.
