Second Age Discrimination Suit Filed Against
November 17, 2010
A former director of operations for PPG Auto Glass has filed a
suit against his former employer, which now operates as Pittsburgh
Glass Works (PGW), alleging that the company violated the Age Discrimination
in Employment Act when it terminated his employment in 2008. The
suit was filed by James D. Freeman on November 12 in the U.S. District
Court for the Western District of Pennsylvania, and names both PPG
Auto Glass LLC and Pittsburgh Glass Works as defendants.
Freeman, 62, says he had been with the company since 2000-and originally
worked as an area depot manager for Apogee Enterprises, until it
was acquired by PPG in October 2000, and ultimately became director
of operations for fifteen of the company's distribution branches
in South Carolina, North Carolina, Virginia, Tennessee and Georgia.
He claims to have consistently received positive performance reviews
up until his termination.
"In fact, Mr. Freeman never received a low performance rating
or bad review during his entire tenure at PPG and its predecessor
company-from 1983 to 2008-before he was abruptly terminated at the
age of 60," writes Freeman's counsel, Bruce Fox of Obermayer
Rebman Maxwell and Hippel LLP.
Freeman goes on to allege that "without notice or warning
on July 19, 2008, at the age of 60, [he] was told by his supervisor
'that his position was being eliminated,'" and that
when he questioned whether it had to do with his age, he was told,
"You can figure it out."
"This, Mr. Freeman reasonably took to be a candid acknowledgement
by his supervisor that the decision to terminate him was based on
age," reads the complaint,
which also claims that, in the same timeframe of Freeman's termination,
two other directors of
operations who were "60 years old or close to it," also
were let go.
Freeman previously filed a complaint with the Equal Employment
Opportunity Commission as well, and is seeking reasonable monetary
damages, a judgment for liquidated damages, costs and attorneys'
fees, pre-judgment and post-judgement interest, and "awards
such other and further legal and equitable relief as may be found
This is the second federal suit filed in recent months alleging
age discrimination against the Pittsburgh-based auto glass manufacturer.
On September 30, seven former PGW employees also filed
a suit against the company yesterday alleging that they were
let go in March 2009 due to age discrimination. These former employees
also are represented by Obermayer Rebman Maxwell and Hippel LLP.
At press time, PGW spokesperson Robert McCullough had not responded
to requests for comment.
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