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Twitter's Lawsuit Over Layoffs Sued by a Disabled Worker Gets Dismissed

CIO Insider Team | Tuesday, 9 May, 2023
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A federal judge in California dismissed a claim that Twitter Inc. discriminated against employees with disabilities by making them come into the office and work long, intense hours.

In a decision rendered late last week, US District Judge Haywood Gilliam in Oakland determined that the plaintiff, Dmitry Borodaenko, a former Twitter engineering manager, had failed to demonstrate how rules established by CEO Elon Musk during a wave of major layoffs at the social media business disproportionately affected disabled personnel.

Borodaenko, who resides in Scotts Valley, California, was nonetheless given three weeks by Gilliam to file an amended lawsuit that more fully outlined his claims in the litigation, which was intended to be a class action.

Cancer survivor Borodaenko alleges Twitter sacked him in November because he insisted on continuing to work from home.

In a note to staff in November, Musk, who paid $44 billion to acquire Twitter last year, advised employees to be ready to work "long hours at high intensity" or quit.

Nearly 2,000 former Twitter employees who have brought legal claims against the business in arbitration are also represented by Liss-Riordan.

Borodaenko's attorney, Shannon Liss-Riordan, announced on Monday that she intended to file an amended complaint with additional information.

"Elon Musk has shown his utter lack of regard for disabled employees through his words and conduct," Liss-Riordan said.

Abhijit Mehta, a second plaintiff represented by Liss-Riordan, signed an agreement to arbitrate employment-related legal matters, and Gilliam on Friday decided that Mehta's claims should be heard in private arbitration rather than in court. Borodaenko chose to reject the deal.

The lawsuit is just one of many that Twitter is dealing with as a result of Musk's choice to fire over half the employees. Twitter has disputed misconduct in those instances, including those alleging that the business failed to provide promised severance and that female employees were singled out for layoffs.

Nearly 2,000 former Twitter employees who have brought legal claims against the business in arbitration are also represented by Liss-Riordan.



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