Pennsylvania Court Denies PGW's Appeal of Conditional Certification in Age Discrimination Suit
July 23, 2012

by Katie O'Mara,

The Western District Court of Pennsylvania has denied Pittsburgh Glass Works’ (PGW) motion for interlocutory appeal in an age discrimination suit filed by former employees. The motion requested that the court take a second look at the plaintiffs’ conditional certification before the case is decided upon. In early May, the court granted class certification to former employees of PGW in a discrimination suit filed against the company.

“The court has ruled only that Plaintiffs are entitled to provide notice and take discovery as to the putative class. It has not made a final ruling on certification, and will not do so until discovery is complete with respect to the putative class,” reads the court’s decision on PGW’s motion.

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. The five plaintiffs are Rudolph Karlo, Mark McLure, William Cunningham, Jeffrey Marietti, David Meixelsberger, Benjamin Thompson and Richard Csukas. The plaintiffs, who are all between the ages of 52 and 58, were let go at the end of March 2009, when the company laid off several employees as part of a reorganization.

In the September 30 complaint, they allege that PGW “adopt[ed] and employ[ed] methods for evaluating, ranking and selecting employees for termination in its [reductions-in-force], which methods were highly subjective, unreliable, invalid, and served as mere pretext, resulting in the termination of disproportionately high numbers of older workers who were never informed of the clandestine criteria used to select them for termination.”

The court also set a timeline for the case, requesting the plaintiffs’ fact discovery must be completed by March 3, 2013.

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