HARRISBURG - The Commonwealth Court of Pennsylvania upheld a Dec. 8, 2016 State Civil Service Commission order dismissing a discrimination and retaliation claim filed by a former probationary seasonal liquor store clerk against the Pennsylvania Liquor Control Board, according to an opinion entered Sept. 25.

Specifically, former liquor store clerk Betty Cauler alleged she was fired by the PLCB “based on age and/or gender-based discrimination and retaliation.”

According to the Commonwealth Court's opinion, the PLCB alleged Cauler was actually terminated following reports on April 19, 2015 and May 14, 2015 that she was “failing to obey a manager’s orders, being discourteous to customers or other employees” and “violating common decency or morality.” The PLCB also said Cauler committed insubordination.

“Specifically, she ‘displayed a poor attitude toward supervisory personnel’ on April 19 and May 14, 2015, and also ‘directed inappropriate and profane remarks toward supervisory personnel’ on May 14, 2015,” the Commonwealth Court’s opinion said.

After she was fired and her removal from the job was upheld by the commission, Cauler filed an appeal, which included the discrimination and retaliation claims. As part of the appeal proceedings, Cauler asked to be rehired and to receive back pay.

In her testimony made as part of the appeal hearing, Cauler said the store manager “indicated to Cauler that he wanted a particular younger male employee to work at store #3901,” according to the Sept. 25 opinion.

In addition, Cauler said an assistant manager “spoke derogatorily to Cauler, blamed things on her, was frequently rude to her and told her she was too slow.”

“Because substantial evidence supports the commission’s credibility determinations, and Cauler failed to set forth sufficient evidence to demonstrate that her removal was due to any of the asserted forms of discrimination, we affirm,” the Commonwealth Court said in its ruling, written by Judge Renee Cohn Jubelirer.

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