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Wednesday, June 12, 2019

Intel Corp. Marked Employees as Thieves
to Prevent Their Rehiring

Back in July 2015 Intel Corp. laid off about 1300 employees. Information gathered from the Government mandated OWBPA report, associated with this layoff, revealed that employees over 40 years of age were targeted for this layoff in a disproportionate way. At the time of the layoff the OregonLive web site produced an analysis demonstrating this fact, as shown in the chart below.

(click on image to enlarge detail)

However, under the discretion of Brian Krzanich, Intel CEO at the time, the HR department was directed to prevent any possibility of Intel Corp. managers, rehiring any of the 1300 laid off employees. Consequently, the employee records of each one of the laid-off employees, in the HR database were marked with a special code, declaring them as THIEVES.

By marking an employee record with the THIEVE code, a warning would be issued to any hiring manager who would examine the eligibility of an ex-employee to be re-hired. This warning would block the potential re-employment of such person, permanently. Note that the rehiring ban applied to all categories of employment, Regular Employee (Blue Badge), Contract Employee (Green Badge), Full Time, or Part Time.

We were able to interview a number of people who worked, at the relevant time, in various capacities at Intel Corp. HR and other departments. These witnesses confirmed to us that all 1300 laid-off employee records were marked with the special THIEF code, within the company's Employee Data Archive database.

Note that Intel Corp. is the largest payroll employer in Oregon and a major employer in several other states. By marking laid-off employees as THIEVES, Intel Corp. essentially wiped out a potential source of income for a significant number of people. This capricious corporate edict would persist for the rest of these affected ex-employees lifetime, unless Intel Corp. is brought to justice and the policy is consequently, reversed.

There is an open question whether a company can be disparaging a group of laid-off employees as THIEVES and get by without legal scrutiny. Clearly, such behavior is discriminatory action all by itself and an argument can be made that such action is intentional and criminal in nature.

We are hereby calling upon the U.S. Government, the State of Oregon Government, our U.S. Congressional delegation, the EEOC and the Federal Bureau of Investigation to inspect and seriously review the relevant Intel Corp. Employee Records and databases in order to investigate the facts stated above.

--Dr. Flywheel

Saturday, April 6, 2019

Eliminati meetups - May 7,8,9

Inviting both the new 2019 class, as well as older members to help mentor.

Meetups are a place to process our group experiences with leaving Intel.  We have captured many lessons on our https://pdx-tie.org website from such talks.  Come join us for a session.

May 7 - 1:00pm
Ava Roasteria - Timberland
In the Cedar Hills Market of Choice shopping center

May 8 - 6:30pm 
Hillsboro Brookwood Library
Upstairs in the conference room area

May 9 - 2:00pm
Hop Cycle Brewery, Banks Oregon
Extra parking along street or by the HW Store
(Hop Cycle is a business started by an Intel retiree)

Eliminati members in other geographies are asked to just organize and host meetups as well.  

Friday, March 29, 2019

Message To all Intel Corp. Employees
Who Will be Losing Their Jobs Soon

As reported in the OregonianLive article entitled Intel lays off hundreds of tech administrators, It is apparent that hundreds of Intel Corp. employees are about to loose their job.

Note that signing a severance waver with your employer, does not negate you legal rights to file a discrimination complaints with the EEOC. If you are 40 years old or older Intel Corp. must provide you with a copy of the OWBPA report, indicating the job functions and ages of all laid off employees.

The OWBPA, which is part of the Age Discrimination in Employment Act (ADEA), safeguards older workers' employee benefits from age discrimination. Among other things, this means that employers must take certain precautions when seeking a release from older workers that waives rights under the ADEA

Please also refer to this article on our web site:


Protect your civil rights if you know that you have been a victim of discrimination in the workplace.
OWBPA reports are mandated to be distributed to affected employees who are of age 40+, by Federal laws and therefore, are not considered company confidential for that reason.

If you received a OWBPA report please consider sharing the content with the editors of PDX-TIE.ORG.

Also consider joining our internal mailing list, by following this link:http://www.pdx-tie.org/2016/05/how-to-join-pdx-tiegooglegroupscom.html


Saturday, February 16, 2019

Bipartisan Bill Protecting Older Workers From Age Discrimination is Announced in U.S. Congress

Two days ago we received an official press release, stating that a bipartisan group of House members are introducing a new bill that will correct the distortions in current age-discrimination laws. This is a small step forward towards leveling the playing field, for enforcement of fair employment practices in the U.S. labor market.

As you may already know, particularly if you are a regular reader of this web site, we have been pushing and advocating for revisions in civil rights protection and enforcement laws, associated with age discrimination, for the last three and a half years. Our specific emphasis is on effective enforcement and fair monetary recovery for victims of age discrimination -- issues that are very poorly defined in current laws and were never revised to match today's job market demographics. We have been working with members of Congress and Senate and their staff by providing education and support materials that we made available to them over the last three years.

Note that law changes relevant to age discrimination have been blocked in both the U.S Congress and the U.S. Senate for over a decade, chiefly due to political gridlock. With the new bi-partisan support for the new bill, the chances of seeing the final bill turning into law are better than ever.

See summary sheet at: Protecting Older Workers Against Discrimination Act

All the best,

--Dr. Flywheel

FOR IMMEDIATE RELEASE                                                                                     
February 14, 2019

Democratic Press Office, 202-226-0853                                                                                                        

Scott, Sensenbrenner Lead Bipartisan Group of House Members to Introduce Bill Protecting Older Workers from Age Discrimination

WASHINGTON – Today, Representatives Bobby Scott (VA-03), chairman of the Committee on Education and Labor, and Jim Sensenbrenner (WI-05) introduced the Protecting Older Workers Against Discrimination Act (POWADA), a proposal to strengthen anti-discrimination protections for older workers. They were joined by Representatives Alma Adams (NC-12), Suzanne Bonamici (OR-01), Mark Takano (CA-41), Will Hurd (TX-23), John Katko (NY-24), and Glenn Grothman (WI-06). The bipartisan legislation is a companion to a Senate bill of the same name introduced by Senators Bob Casey (D-PA), Chuck Grassley (R-IA), Susan Collins (R-ME), and Patrick Leahy (D-VT).

In 2009, the Supreme Court’s decision in Gross v. FBL Financial Services, Inc. weakened protections against age discrimination under the Age Discrimination in Employment Act (ADEA). Under Gross, plaintiffs seeking to prove age discrimination in employment are required to demonstrate that age was the sole motivating factor for the employer’s adverse action. POWADA returns legal standards to the pre-2009 evidentiary threshold to ensure all claims of discrimination are adjudicated fairly.

“Discrimination shuts too many people out of good paying jobs. All Americans – regardless of their age – should be able to go to work every day knowing that they are protected from discrimination. The Protecting Older Workers Against Discrimination Act would ensure there are no additional barriers for older Americans when making a discrimination claim compared to any other protected class. This legislation is a step toward restoring the rights of older workers,” said Chairman Bobby Scott (VA-03), Committee on Education and Labor.

“Older Americans should be valued because of their experiences, not viewed as a liability due to their age. This bipartisan legislation will restore fairness in the workplace for our more seasoned workers, providing them the peace of mind that they will not be unfairly fired from their job because of age discrimination. I’m proud to reintroduce this bill with my friend, Congressman Bobby Scott, and am grateful for his continued leadership on this effort,” said Congressman Jim Sensenbrenner (WI-05).

“Americans are living and working longer, and we must do all we can to make sure they are protected from age discrimination. Oregon’s population is one of the most rapidly aging in the country, and I have heard from workers who believe they have been dismissed or denied employment because of their age. We cannot allow employers to violate the civil rights of older workers who are striving to provide for themselves and their families. The bipartisan Protecting Older Workers Against Discrimination Act is an important step to protect older workers from discrimination in the workplace,” said Chairwoman Suzanne Bonamici (OR-01), Subcommittee on Civil Rights and Human Services.

“Discrimination based on age, race or gender has no place in today’s workplace. I am proud to join my colleagues to introduce this bipartisan bill that ensures equitable standards for fighting unlawful employment practices based on discrimination, so all of our nation’s workers can continue to support their families and help our businesses and economy thrive,” said Congressman Will Hurd (TX-23), a strong voice for South and West Texas seniors in Congress.

“Congress must stand strongly against all forms of discrimination, including against older Americans. The Protecting Older Workers Against Discrimination Act (POWADA) will ensure that older workers will be fairly treated in the job market, returning the legal standard for proving discrimination back to its original intent. I look forward to working with my colleagues to ensure that the law once again makes clear that there is no place for disparate treatment based on age in the workforce,” said Chairwoman Alma Adams (NC-12), Subcommittee on Workforce Protections.

“Older Americans are entitled to the right to work and should not be subjected to discrimination during the hiring process. This legislation strengthens protections against the discrimination of older workers in the hiring process, giving them the safeguards, they deserve. I will continue to advocate for the rights of American workers and am proud to support this initiative this Congress,” said Congressman John Katko (NY-24).

“We commend these lawmakers for sponsoring this crucial legislation. Too many older workers have been victims of unfair age discrimination and are denied a fair shake in our justice system. The time for Congress to act is now,” said Nancy LeaMond, AARP Executive Vice President and Chief Advocacy & Engagement Officer.

The Protecting Older Workers Against Discrimination Act amends four laws—the Americans with Disabilities Act, Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and theRehabilitation Act. It was previously introduced during the 115th Congress.

For the full text of H.R.1230, the Protecting Older Workers against Discrimination Act, click here.

For a fact sheet on the Protecting Older Workers against Discrimination Act, click here.

Wednesday, January 9, 2019

Ageism in the Workplace Affects Multiple Generations
-- Time to Sound the Alarm Bells --

The Millennials' Trap

By taking workers who are older than 40 but younger than retirement age (67) out of the workforce, or even by just forcing their income to be significantly reduced, the major burden of maintaining the economy for the general population, over the next few decades, will fall on the "millennial" generation.

It looks like age discrimination in the workplace is finally getting more public exposure. The video clip below, taken from the CBS "This Morning" program, provides a glimpse to this incredibly important issue, currently affecting mostly workers who are 40 years old or older. Seemingly, only older workers are being directly affected at the present time; however as we examine the facts more closely, we can see that the dire side effects of age discrimination are going to dominate the economy of all generations of Americans equally badly. In addition, let us not forget that everyone gets older day-by-day and the process of aging is irreversible. It is clear that employers lay off older workers in order to reduce the cost of labor and not because such workers do not bring great value to the business.

(Click on the above image to play the embedded video clip in your browser)

Studies of company layoffs, conducted over that last few years indicate that among workers older than 40 years, women are further affected than men as they get laid off at an earlier age. The most insidious aspect of age-based layoffs is the skewed statistics of executive layoffs. While most workers as well as low and mid-level managers are subject to age-based layoffs, the "executive class" in most companies enjoys great on-the-job longevity and even reaps benefits from employee layoffs. Such executive benefits are realized in the form "efficiency bonuses" that executives receive, due to their initiation of "head cutting" actions...

The Equal Employment Opportunity Commission (EEOC), which is the Federal agency, in charge of enforcing anti-discrimination laws in employment, seems to be very weak in pursuing age-based discrimination cases. However, the real culprit is the U.S. Congress, controlled by highly paid "special interest" lobbyists who insured that laws protecting age-based discrimination would remain weak and very difficult to enforce. Though there were several attempts to revise the laws and update the compensation that can be awarded to proven victims of age-discrimination, a long succession of proposed Bills to revise the applicable laws have met their silent death in the U.S. Senate. The latest of these proposed Bills in Congress is H.R.6811 - Age Discrimination in Employment Parity Act of 2018. A similar U.S. Senate Bill S.443 - Protecting Older Workers Against Discrimination Act remains buried in committee...

Among other things, the compensation levels awarded to age-discrimination victims remained unchanged since 1967. Due to the significant inflation that the U.S. economy underwent since 1967, the compensation amounts set for victims by the existing laws look completely ridiculous by today's standards and have never been indexed or revised. Consequently, very few employment attorneys are willing to take on the case of age-discrimination victims, since the litigation costs would typically exceed the monetary recovery expected after successful litigation. The outcome of keeping the current laws very weak, outdated and unchanged, results in employers firing older employees en-mass and with almost complete impunity. Legal challenges are very rare and Government enforcement of the laws through the EEOC is a long and convoluted process. Without a "sheriff" in town, employers are left unchecked to violate civil rights of older workers at will.

World Leading Economies 2030 GDP Projections
(click on image to expand detail)

Considering the demographic trends of the U.S. population over the next 20 years, we are going to see tremendous unemployment and poverty replacing the relative prosperity that we see today. As more older employees are forced out of the workforce or delegated to take significantly lower paying jobs, the U.S. economy, which is predominantly controlled by consumer spending (see table below), is bound to sink to levels never seen before. Considering that there are credible predictions for China (and very likely, also India) replacing the U.S. as the world leading economies by 2030, we have very little time to prepare for the future.

(click on image to expand detail)

You do not need to be an economist to understand that unemployed or low-paid workers may not have extra money to spend and consequently consumer spending will be sharply curtailed. This growing portion of the population will also not be able to contribute much to government revenue in the form of tax payments to finance necessary public services. Consequently, it is not hard to predict that a regenerative process of sinking of the U.S. economy is bound to happen sooner or later, if employment policies that utilize age discrimination are going to be left unchecked due to legislative neglect. Demographic trends cannot be waved off or ignored in the same manner as climate change, obviously they are mankind made...

(click on image to expand detail)

By taking workers who are older than 40 but younger than retirement age (67) out of the workforce, or even by just forcing their income to be significantly reduced, the major burden of maintaining the economy for the general population, over the next few decades, will fall on the "millennial" generation.

(click on image to expand detail)

Millennials currently form about 35% of the U.S. workforce and many of them are already heavily burdened by student debt. Expecting millennials to pay the tax money required to support the needs of a significantly growing older population is not only an unfair concept, but it also works against the common sense of enabling older workers to continue earning money to cover their needs on their own, all while paying taxes on their earned income.

Age discrimination in employment is therefore a corrosive practice that affects not only older workers; it affects younger workers and their economic future prospects, just as much.

It is time to break the glass and push the alarm button now, before a major crisis is hitting us in the face. Call your U.S. representatives and tell them that the time has come to install fairness and common sense into the U.S. labor policies and protect our civil rights.

--Dr. Flywheel

Additional References: