A firefighting has charged the City of Rosenberg with age discrimination in denying him an opportunity for promotion.

Barry W. Le Blanc, 53, of Rosenberg, brought suit Dec. 29, 2014 in U.S. District Court of the Southern District of Texas of against the City of Rosenberg, alleging violation of the Age Discrimination in Employment Act.

According to the complaint, Le Blanc currently holds the position of ride-up driver/operator, and is the oldest regular firefighter with the city. When seven positions opened up for driver/operators in August 2013, Le Blanc was one of eight applicants and the only one older than 40, the suit states, and he was passed over in favor of all the younger applicants.

Le Blanc was not given adequate opportunity for work assignments and training that prepares firefighters for the new position, the suit states, and the battalion chief trained him incorrectly, leading to a poor assessment result. Additionally, assessments were made in-house instead of using outside fire professionals, according to the suit.

Subsequently, Le Blanc was denied a promotion, reassigned to a different shift, and lost his position of seniority, the suit states. He had filed a previous complaint against the battalion chief in September 2012 alleging threatening and hostile behavior, according to the complaint.

Le Blanc seeks damages for lost wages and benefits, compensatory damages for injuries such as mental anguish, and legal and expert witness fees. Le Blanc is representing himself.

U.S. District Court of the Southern District of Texas case number: 4:14-CV-03698


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