Former DuPont manager files age discrimination lawsuit

Michelle Keahey, East Texas Bureau Jun. 13, 2011, 4:48am

TYLER - A 62-year-old DuPont employee has filed an age discrimination claiming he was terminated and replaced with a younger employee.

Former contract manager William Mark Stewart filed suit against E.I. DuPont de Nemours and Co. on May 25 in the Eastern District of Texas, Tyler Division.

Stewart began working for the defendant in September 2002 as an off-shore contract manufacturing manager for DuPont's Nonwovens business segment.

Just two weeks after receiving a top rating performance evaluation in May 2009, he was told that his position was being eliminated, Stewart claims.

In a letter explaining his termination, Stewart was told that his position "was declared excess as a result of critical business review," according to the complaint.

His termination was effective Sept. 30, 2009, the suit states.

Stewart states DuPont's purported reason for his discharge was false. According to court documents, Stewart was replaced by a Mexican national, who was substantially younger and less qualified than Stewart.

Stewart argues that the company retained, transferred or promoted all employees classified as contract manager who were substantially younger than Stewart.

"DuPont has demonstrated a marked preference for younger candidates with respect to its hiring and retention practices," the lawsuit states.

The defendant is accused of violating the Age in Discrimination in Employment Act and the Texas Commission on Human Rights Act.

The plaintiff is seeking damages for back pay, front pay, lost employment benefits, compensatory damages, liquidated damages, interest, attorney's fees and court costs.

Stewart is represented by Rod Tanner of Tanner and Associates PC in Fort Worth. A jury trial is requested.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 6:11-cv-00266

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