This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.


Employment Law
Age Discrimination
Wrongful Termination

Cleo Darrell Kirkland v. Lockheed Martin Corporation

Published: Dec. 16, 2000 | Result Date: Aug. 31, 2000 | Filing Date: Jan. 1, 1900 |

Case number: CV782548 –  $0

Judge

Catherine A. Gallagher

Court

Santa Clara Superior


Attorneys

Plaintiff

David Kornbluh

Joseph Scanlan


Defendant

Gilmore F. Diekmann Jr.

Michelle M. Casey


Experts

Plaintiff

Thomas C. Thomas
(technical)

Defendant

Michael P. Ward
(technical)

Facts

The plaintiff, 61, worked at defendant Lockheed for 15 years and was the oldest human resource manager at its
Missile & Space facility in Sunnyvale. Out of seven HR managers at his level, he was the first selected for
layoff in the departmentÆs reduction in force in early 1999. Following his selection, a 55-year-old African-
American manager was brought into the department and assumed the plaintiffÆs duties. Eventually, other HR
managers at the same level were ranked with lower level HR representatives to see which persons in the
combined group would stay. The plaintiff was the oldest person in the group. He was ranked near the bottom
and was laid off.

Settlement Discussions

The defendant offered $50,000, with an indication that it would raise the offer to $75,000. The plaintiff demanded $300,000 which was lowered to $275,000 at the beginning of trial.

Damages

Lost income from age 61 to age 68, totaling approximately $700,000.

Deliberation

12 hours

Poll

9-3 (age discrimination), 10-2 (race discrimination), 12-0 (disparate impact)

Length

14 days


#94736

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390