Pittsburgh Glass Works Seeks to Connect Lawsuit to Previous Age Discrimination Case
April 11, 2012

by Katie O'Mara, komara@glass.com

A joint stipulation was filed by both Pittsburgh Glass Works (PGW) and the former employees, who are alleging age discrimination against the company, that could connect the lawsuit to documents from a previous age discrimination suit filed against PGW.

The former age discrimination suit in question was filed against PGW by former employee James Freeman in 2010. According to the suit, Freeman alleged 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."
The case entered into arbitration where it was closed. In the arbitration order and opinion the arbitrator ultimately concluded, “... Mr. Freeman has failed to demonstrate his claim that age was the ‘but for’ cause of his termination of employment.”

According to the newly filed joint stipulation in the current case, PGW will withdraw its motion for leave to file supplement and may re-file the motion attaching only an excerpt from the arbitration order from the Freeman case which “may only include the arbitrator’s discussion of Plaintiff’s expert, Dr. Champion, and his testimony and adequate discussion of the factual background of the case to give context to the discussion.”

Both parties are agreeing to meet and discuss the sections of the factual background to be included before PGW re-files the motion. In addition, the former employees are agreeing to not file a motion to strike PGW’s new re-filed motion. However, the former employees will retain the right to argue that PGW’s motion is irrelevant in a response to the motion.

In March, the former employees filed a motion that PGW release documents relating to the company’s reduction-in-force in October of 2011. PGW claims that the October 2011 reduction-in-force is not relevant to the case because this reduction-in-force had no impact on the former employees’ termination. PGW also claims that producing these documents would be “unduly burdensome.”
The suit was originally filed in October 2010 and the plaintiffs in the suit include seven former employees who allege they were let go during a March 2009 reduction-in-force due to their age. Mediation was held on February 2, but ended with the release of the joint status report claiming that the former employees and PGW could not come to agreement.

This story is an original story by AGRR™ magazine/glassBYTEs.com™. Subscribe to AGRR™ Magazine.
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