Motiva granted summary judgment in discrimination suit

David Yates May 9, 2012, 6:31am


Motiva recently had its motion for summary judgment granted in an age discrimination suit.

As previously reported, Tyler resident Kurt Floersheim filed suit against his former employer, Motiva Enterprises, on April 15, 2011, in Jefferson County District Court, alleging he was laid off so that two younger men could replace him.

On Jan. 16 Motiva filed a motion for summary judgment, asserting that Floersheim waited 351 days to file his discrimination charge with the EEOC after he was notified that he would be laid off.

The motion states the charge must be filled not later than the 180th day after the alleged unlawful employment practice occurred.

Judge Bob Wortham, 58th District Court, granted the motion on April 25, court records show.

The incident began on June 15, 2009, when Motiva informed Floersheim that he was being included in a reduction in force. He alleges that the day after he was laid off, Motiva hired two younger specialists to replace him.

"Defendant's selection process for its reduction in force resulted in the three oldest engineers being laid off (ages 50-65)," the suit states. "No process engineers under 40 were laid off."

Floersheim was suing for his emotional pain and lost wages.

Houston attorney Gregg Rosenberg represents him.

Motiva is represented by attorney Robert Hambright of the Orgain, Bell & Tucker law firm in Beaumont.

Case No. A189-793

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