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these heart attacks, petitioner was no longer assigned by IBM to
foreign locations, nor was he promoted.
Prior to July 31, 1992, IBM declined petitioner's request to
participate in an executive training program (training program)
that petitioner believed would have insured his continued
employment with IBM at the same or a higher job level.
Petitioner believed that IBM's decision was at least partially
motivated by his age and health status.
On May 20, 1992, petitioner met with his executive
supervisor, Bjorn Andersen (Andersen), regarding his employment
situation, at which time he renewed his request to participate in
the training program. Andersen agreed to support a renewed
request on petitioner's behalf but indicated that it would likely
again be denied. During the meeting, Andersen informed
petitioner that his position at IBM likely would be eliminated
or, at a minimum, substantially downgraded, and therefore urged
that petitioner should "strongly consider" participating in IBM's
Modified and Extended Individual Transition Option Program (ITO
II Program), an early retirement or severance program, which
allows IBM employees to resign or retire early, receiving lump-
sum payments and other benefits. Andersen stressed the
importance of participating in the ITO II Program to ensure
petitioner's continued eligibility for health and other benefits,
which might not be available to petitioner in the event his
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