The Herald, Sharon, Pa.

Local News

October 8, 2008

Age discrimination lawsuit is on hold

By Joe Pinchot

GREENVILLE AREA — An age discrimination lawsuit filed against St. Paul Homes is at least on hold while the plaintiff pursues administrative channels as a result of being fired.

Attorneys for Donald Henderson asked that the suit be put on hold so he can follow through with a wrongful termination claim before the U.S. Equal Employment Opportunity Commission and the Pennsylvania Human Relations Commission. Henderson wants to amend the federal suit to include a wrongful termination charge. He claims he was fired in retaliation for his suit and because of his age.

Messages left for a St. Paul Homes spokeswoman were not returned.

U.S. District Court Judge Gary L. Lancaster, Pittsburgh, administratively closed the lawsuit, but said either party could reinitiate it.

Henderson, 57, of 91 Sherbondy Road, Sugar Grove Township, said he was hired on June 10, 1985, as director of maintenance services. St. Paul Homes, 339 East Jamestown Road, West Salem Township, treated younger employees more favorably and suspended Henderson Jan. 28 for two weeks without justification, he said.

Henderson was “battling a deadly illness” — he later called it a “cancer scare” — at the time of his suspension, the suit said, and had intervened in a dispute between a younger employee and a “troublemaker/volunteer” who had turned on a range-oven to heat a building, he said. Henderson’s actions ensured the building was not set on fire, he said.

St. Paul Homes said Henderson argued with an elderly cook who works for Mercer County Area Agency on Aging. He “physically intimidated, screamed and swore at the cook,” St. Paul Homes said, which violated corporate policies on professional conduct, workplace violence and harassment.

The home also denied that it discriminated against Henderson or wanted him to retire early.

According to Henderson, he was fired Sept. 9. While St. Paul Homes told him he was fired because of his job performance, Henderson responded, “I did nothing to deserve termination.”

He also charged that St. Paul wants him to retire because of a perceived disability and for filing a workers’ compensation claim. St. Paul created a hostile work environment, he said.

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