Man claims termination due to age, not because of Indian chants he did around Native American boss

Kelly Holleran Oct. 29, 2014, 2:26pm

A man alleges he lost his job due to his age and says the company's decision to terminate him had nothing to do with the racist comments he and others allegedly made toward his boss.

James Schubiger filed a lawsuit Sept. 11 in the Sherman Division of the Eastern District of Texas, charging age discrimination. 

Schubiger alleges he was working for defendant Voith Industrial Services when he was discharged Aug. 15, 2013, after about 11 years of service.

A week before his termination, Schubiger had received an informal warning from his supervisor, Bill Lassiter, after a Native American employee allegedly complained of Schubiger's "Hey, ya, ya, ya" chant, according to the complaint. Schubiger contends he did not chant the phrase, however, and says other employees regularly called the Native American employee "Chief."

"Mr. Kaulay never made any objections to plaintiff about being referred to as 'Chief' by anyone or to people chanting 'hey, ya, ya, ya' in his presence," the suit states.

The 59-year-old Schubiger lost his job due to his age, not because of the comments he made, the complaint says. Schubiger says the defendants violated the Age Discrimination in Employment Act of 1967 and violated the Unlawful Employment Practices Act.

He seeks actual damages within the jurisdictional limits of the court, plus interest at the highest rate allowed by law, liquidated damages, punitive damages, attorney fees, costs and other relief the court deems just.

Attorney Ronald R. Huff, of Sherman, will represent Schubiger.

Sherman Division of the Eastern District of Texas case number: 4:14-CV-586


This is a report on a civil lawsuit filed at the Sherman Division of the Eastern District of Texas. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt and it represents only one side of the story.

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