Railroad employee claims company schemed to get rid of older employees

Michelle Keahey, East Texas Bureau Aug. 15, 2011, 8:51am


A supervisor for a railroad company has filed a lawsuit against his employer that alleges he was terminated after he refused to participate in a scheme to get rid of older employees.

Clifford Mount filed suit against the Kansas City Southern Railway Co. on Aug. 11 in the Eastern District of Texas, Beaumont Division.

Mount began his employment with the defendant in 1979 and at the time of his termination, he was employed as a terminal trainmaster in Lake Charles. Mount alleges he was terminated after refusing to participate in an illegal scheme to discriminate against older employees in violation of the Age Discrimination in Employment Act.

In early 2009, he claims he was told in a conference call to target an older employee for additional job testing and rule violations so that KSC would have an excuse to fire that employee, according to Mount's lawsuit.

Mount refused to single out this employee and as a result of his opposition he was fired in June 2009, he claims. According to the lawsuit, the other employee was fired for pretextual rule violations a couple months after Mount was terminated.

The plaintiff is asking the court to stop the defendant from further discriminatory practices and for an award of damages for back pay and benefits, front pay and benefits, compensatory damages, liquidated damages, legal fees and court costs.

Mount is represented by Jerry Easley and Bristol Baxley of Rome Arata & Baxley in Pearland.

U.S. District Judge Marcia A. Crone is assigned to the case.

Case No. 1:11-cv-00374

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