Fired scrap metal crane operator sues over termination

By Jon Campisi | Apr 10, 2012

A former crane operator for a scrap metal company who alleges his firing after six years of employment was motivated by his race has filed a federal discrimination lawsuit against his former employer.

Bensalem, Pa. attorney Ari Karpf filed the civil action April 6 at the federal court in Philadelphia on behalf of Coatesville, Pa. resident Jermaine Myers.

The defendants listed in the lawsuit are Coatesville, Pa.-based SMS Mill Services Coatesville LLC, Burnham, IL-based Scrap Metal Services LLC, and Roy Kerrigan, a manager who supervised the plaintiff.

According to the complaint, Myers, who is black, was allegedly terminated for a DUI conviction on Feb. 14, 2011.

Prior to his termination, Myers informed the defendants that he was eligible to participate in a work-release program that would have enabled him to continue his employment with the company.

The company, however, decided to terminate Myers, a move the plaintiff contends was actually related to his race.

The complaint alleges that throughout his employment, Myers had been treated differently than non-black employees, and that the company allowed non-black employees with DUI arrests and convictions to remain on the job.

The lawsuit gives two specific examples of times when white employees were allowed to remain under the defendant’s employment despite their run-ins with the law.

“Defendants terminated Plaintiff for reasons that were selectively enforced on the basis of race,” the lawsuit states.

The lawsuit accuses the defendants of violating Myers’ civil rights.

The suit seeks to have the defendants prohibited from continuing its illegal policy of discriminating against employees on the basis of race.

Myers seeks lost and future earnings as well as unspecified punitive damages and other equitable and legal relief, including attorney’s fees and litigation costs.

A trial by jury is being demanded.


The federal case number is 2:12-cv-01736-LDD. 

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