IBM appears to be in a world of pain. First, while individual discrimination cases can be difficult to win, it's much easier to win a case exactly like this be

IBM appears to be in a world of pain. First, while individual discrimination cases can be difficult to win, it's much easier to win a case exactly like this because of the "disparate impact" standard. Under this standard, an employment practice need only be shown to negatively impact a protected class to be unlawful — it does not need to be intentional, and it cannot be easily waved away by a claim of alternate intent (rather, it puts the burden on the employer to prove business necessity). https://en.wikipedia.org/wiki/Disparate_impact https://en.wikipedia.org/wiki/Disparate_impact Second, an EEOC attorney stated in a case in 2012: ""We hope that all employers and employees will now understand that even if employees sign severance agreements with their employer, they are still entitled to file a discrimination charge with the EEOC." https://www.eeoc.gov/eeoc/newsroom/release/12-20-12.cfm https://www.eeoc.gov/eeoc/newsroom/release/12-20-12.cfm