Michelle Keahey, East Texas Bureau Jun. 20, 2011, 6:55am
MARSHALL - Claiming his employer is violating the Age Discrimination and Employment Act by discriminating against older employees, Ben L. Pate filed suit against ConAgra Foods Sales Inc. on June 10 in the Eastern District of Texas, Marshall Division.
According to the lawsuit, Pate was employed by the defendant for more than 38 years and was an account manager at the time of his termination.
Pate claims that the discrimination began when Jill Spitzer was promoted to director of sales and started a "pattern of conduct of discrimination against and harassing older employees, including Plaintiff."
In addition, Pate alleges that ConAgra was investigated by the Equal Employment Opportunity Commission in late 2007 and he provided statements regarding the defendant's discriminatory practices.
The defendant is accused of disparate treatment, retaliation, harassment, willful violations and malice.
The plaintiff is seeking damages for back pay and benefits, front pay and benefits, compensatory damages, liquidated damages, punitive damages, interest, attorney's fees and court costs.
Pate is represented by Roger W. Anderson of Gillen & Anderson in Tyler.
U.S. District Judge T. John Ward is assigned to the case.
Case No. 2:11-cv-00282