12/8/2023 0 Comments Butler memorial![]() Plaintiff alleges that Defendant learned of his EEOC complaint within days of filing and retaliated against Plaintiff for the next 18 months by excluding him from discussions and 2 decisions concerning the operation of his department, undermining his ability to perform his job, and publicly berating Plaintiff concerning the shortcomings of his department. After receiving an EEOC Dismissal letter with respect to this charge on November 17, 2010, he chose not to file in Federal Court. Plaintiff crossfiled with the Pennsylvania Human Relations Commission (PHRC ). On July 20, 2010, Plaintiff filed an age discrimination charge with the Equal Employment Opportunity Commission ( EEOC ), alleging that because of his age, he was subjected to a hostile work environment and demoted to a demeaning position with a loss of job responsibilities. Beginning in July 2010, Plaintiff was assigned additional responsibilities to work as a greeter at the reception desk, a position for which he received no additional compensation and which Plaintiff found humiliating and discriminatory, given that the position required limited skills and none of the younger personnel in his department were similarly reassigned. ![]() Plaintiff had not previously been the subject of disciplinary action and Plaintiff alleges that substantially younger employees in his department were not reprimanded without justification. Plaintiff alleges that in March 2009, at the age of 62, he was offered $26,000 to retire and when Plaintiff refused, he received two written reprimands based upon false allegations. Plaintiff s last position in the Defendant s employ was as the Information Systems Technical Help Desk Supervisor in the Technical Help Desk department. In pertinent part, the Amended Complaint alleges that Plaintiff was born in 1947 and was hired by Defendant in 1989. 1 Because this matter comes to the Court on a Rule 12(b)(6) Motion to Dismiss, the factual allegations set forth in Plaintiff's Amended Complaint are accepted as true. ( ADEA ), and a claim for retaliation pursuant to the Pennsylvania Human Relations Act, 43 Pa.C.S. In his Amended Complaint, Plaintiff alleges claims for age discrimination and constructive discharge pursuant to the Age Discrimination in Employment Act, 29 U.S.C. In response, Plaintiff filed his First Amended Complaint ( Amended Complaint ). On March 18, 2013, Defendant moved to dismiss the Complaint for failure to state a claim and raising timeliness issues. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Greg McCall ( Plaintiff ) initiated this action on January 28, 2013, filing a Complaint with this Court. For the following reasons, Defendants Motion to Dismiss is granted and Plaintiff s First Amended Complaint is dismissed without prejudice. 14 ) OPINION AND ORDER KELLY, Magistrate Judge Defendant Butler Health System/Butler Memorial Hospital ( Butler ) has filed a Motion to Dismiss Plaintiff s First Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). BUTLER HEALTH SYSTEM/BUTLER MEMORIAL HOSPITAL, Defendant. IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA GREG R.
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