Former IBM Diversity Exec Sued Over Non-Compete

In a suit filed in federal court in New York, IBM alleges that Lindsay-Rae McIntyre’s new position as Microsoft’s chief diversity officer violates a non-compete agreement she had with her former employer. McIntyre worked at IBM for more than 20 years, most recently as HR VP and Chief Diversity Officer. The suit claims she takes with her knowledge of IBM’s “most closely guarded and competitively sensitive strategic plans and recruitment initiatives,” including “confidential strategies to recruit, retain and promote diverse talent.” McIntyre’s counsel called the non-compete clause overbroad, and expressed surprise at what they call “a draconian temporary restraining order and preliminary injunction” which would prevent McIntyre from working in any position, anywhere, for any company IBM deems to be a competitor. The complaint cites a separate lawsuit against Microsoft over allegations of gender discrimination, in which Microsoft has sought to keep its own data on gender equity and diversity confidential. “As Microsoft has admitted, disclosure of the very type of confidential information that McIntyre possesses – non-public diversity data, strategies and initiatives – can cause real and immediate competitive harm,” the suit says.