It was announced on July 7 that IBM had resolved a former consultant’s “reverse” discrimination claim for an undisclosed sum, closing the door on his Title VII race and sex discrimination lawsuit.
This settlement is yet another example of reverse discrimination plaintiffs finding success in both the actual courts and the court of public opinion.
Plaintiff Randall Dill, represented in part by Stephen Miller’s conservative group America First Legal, first filed suit against IBM in August 2024 alleging that he was discriminated against on the basis of his status as a white male. Dill claimed that corporate leadership at IBM was financially incentivized to utilize a “diversity modifier” to calculate compensation and encourage a more diverse workforce, and that he was then forced out of the company in favor of “individuals with favored race and sex traits, which did not include whites, Asians, or men.”
IBM vigorously denied these claims.
IBM moved to dismiss the case, arguing that Dill was terminated for performance issues and that the allegations in the complaint were insufficient to support his claims that the decision was motivated by his race or gender. The federal judge disagreed, finding that Dill had alleged a plausible claim. The court accepted Dill’s allegation that the performance improvement plan he was placed on could have been pretextual and contained unreasonable improvement goals that were not intended to correct performance deficiencies, but were designed to set...
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