Discrimination plaintiff appeals Motiva summary judgment win

David Yates Aug. 16, 2012, 3:56am


The plaintiff in an age discrimination case has appealed the summary judgment ruling in favor of Motiva Enterprises.

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.

A year later, on April 25, Judge Bob Wortham, 58th District Court, granted a summary judgment motion brought by Motiva.

Court records show that Floersheim appealed the ruling on May 15 to the Ninth District Court of Appeals. Briefs are due in the case on Sept. 5.

Motiva filed its motion for summary judgment on Jan. 16, 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 filed not later than the 180th day after the alleged unlawful employment practice occurred.

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 seeks damages 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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