Many corporations have brands we all know and love. Who hasn’t uttered the phrase “Liberty Biberty” at least once this week . Their quirky commercials – like the latest one featuring a fellow sitting on a bench being accosted by a flock of angry seagulls – are hard to miss. But last week, Liberty Mutual made headlines for a very different reason.
A Los Angeles jury awarded $103 million to a former employee, finding Liberty Mutual liable for age discrimination, harassment, and retaliation in what may be the largest U.S. age discrimination verdict ever awarded. The employee, with 31 years of service and a strong record, was terminated shortly after returning from medical leave. Her laptop was collected at her home by courier while still on leave, her badge was deactivated upon her return to work, and her role was filled by a much younger worker. She described a hostile environment for older employees and said her medical leave was partly due to that environment.
“This verdict is a resounding message to corporations nationwide: age discrimination is illegal, it is harmful, and juries will hold employers accountable,” said Justin Shegerian, lead trial attorney representing the employee.
While we may never know every detail, several missteps stand out – each a cautionary tale for HR professionals:
- Undervaluing Experience in a Multigenerational Workforce. Employers increasingly question the contributions of older workers compared to tech-savvy younger counterparts. With 10,000 Americans turning 65 every day, age discrimination cases are rising, according to the EEOC. How you implement workforce changes matters now more than ever.
- Losing Sight of the Basics. It’s easy to get caught up in AI policies, hybrid schedules, and the race for talent, but don’t forget that solid employee relations – open communication, trust, and face-to-face connection – are still the foundation of a strong culture and fewer legal headaches.
- Overlooking Legal and Human Landmines. Mishandling employment actions during or right after medical leave can look retaliatory and rarely pass the “reasonable person” test. And when it comes to terminations, how you treat people matters—especially today, when cell phones and social media can amplify every interaction. A Duke University study found that poor treatment during termination often sparks what researchers call a “vendetta effect.”
To avoid similar pitfalls and foster a culture of fairness and compliance, consider these actionable strategies:
- Stay engaged with every generation. Review workforce demographics regularly and make sure your policies support employees at every stage of their careers.
- Don’t lose sight of the basics. Keep communication open, make it easy for employees to raise concerns, and invest in supervisory training. Transparent performance reviews and regular coaching go a long way.
- Take every complaint seriously. Investigate thoroughly and involve legal counsel when needed.
- Be cautious with employment actions during or after medical leave. Ask yourself: Would a reasonable person see this as fair?
- Handle terminations with empathy and professionalism. Treat people with respect, document the process, and remember that how you part ways matters – sometimes more than anything else.
As the seagulls attack Liberty Biberty, don’t miss the lesson for all of us. Ask yourself honestly: Could this happen at our organization? Are we truly tuned in to our workforce, or are we distracted by the latest business trend?
As a member of Catapult, you have access to people and resources that can help keep your company out of the headlines. Reach out to an advisor or tap into resources on The Hub and take action today!