Employment Law News:

Court Certifies Nationwide Class Action for Former BASF Employees

Age Discrimination Alleged in Terminations of Approximately 900 Former BASF Employees

Morristown, N.J. -- Denville, New Jersey-based attorney, G. Martin Meyers, confirmed today that New Jersey Superior Court Judge Stephen F. Smith granted his clients permission to assert age discrimination claims against BASF Corporation on behalf of a nationwide class. The class consists of former BASF employees aged 40 and over at the time of their alleged wrongful age-based terminations. The named plaintiffs in his clients' case, O'Connor v. BASF, include Terrence O'Connor, developer of BASF's highly successful corporate image campaign centered around the slogan, "At BASF, we don't make the products you buy. We make the products you buy better." Mr. O'Connor was terminated by BASF at age 60, following creation of the campaign, after more than 15 years with the company.

The claims arise from a series of Reductions In Force (RIF's) between January 2002 and June 2007. All former BASF employees who were terminated between these dates at age 40 or over are members of the class. The plaintiffs allege that BASF, headquartered in Florham Park, New Jersey, engaged in a pattern and practice of age discrimination through excessive terminations of employees age 40 and over. The plaintiffs also challenge the enforceability of the releases that many class members signed at the time of their terminations.

According to their attorneys, the plaintiffs based their age discrimination claims on an ageist corporate culture emanating from BASF's German-based parent corporation. They point to ageist statements made by BASF senior executives and circulated worldwide on the BASF intranet, and upon statistical evidence of age bias.

Plaintiffs in the case against BASF are represented by G. Martin Meyers of Denville, New Jersey; Susan Singer and Kathleen Goger of Newark's Singer & Goger; and Christine Weber of Washington, D. C.'s Cohen, Millstein, Sellers & Toll. Defendant BASF is represented by Gregory Parliman of Day, Pitney in Florham Park, New Jersey.

Mr. Meyers said, "This ruling paves the way for the plaintiffs to seek recovery of damages not only on their own behalf but on behalf of all the other BASF employees who lost their jobs as a result of the same alleged pattern and practice of age discrimination." Plaintiffs counsel estimate that the class includes approximately 900 former BASF employees nationwide. BASF employs more than 15,000 people in North America, most in the U.S.