PHILADELPHIA – An Adamstown factory has denied that it engaged in various forms of racial discrimination and harassment against one of its longtime machine operator and materials handlers.
Gregory Nelson of Mohnton first filed a complaint on Jan. 18 in the U.S. District Court for the Eastern District of Pennsylvania versus Bollman Hat Factory of Adamstown.
According to his complaint, Nelson began working for Bollman as a machine operator on Jan. 3, 2003. He alleged that in 2010, he began to face racial discrimination including being called “Dark Vader,” and having co-workers use the N-word and other racial slurs around him. He further alleged that a photo of himself was posted with a written caption that read “$.50 reward for anyone who catches this person.”
Nelson further claimed that in August 2020, he took video of co-workers who were taking copper and other scrap materials out of dumpsters against company policy. Nelson claimed his report of the co-workers was not kept confidential and that he faced harassment and other intimidation until his termination on Feb. 9, 2021.
UPDATE
The defendant filed a motion to dismiss for failure to state a claim upon which relief could be granted on April 7.
“Here, plaintiff’s amended complaint generally alleges that ‘racial slurs and discriminatory acts began in approximately 2010 and continued until Nelson’s termination on Feb. 9, 2021. Plaintiff, however, makes no effort even to address the elements necessary to support a hostile work environment claim – let alone allege facts sufficient to address those elements,” per the motion.
“Notwithstanding the fact plaintiff failed to mention the purported racial language referenced in his EEOC Charge of Discrimination and these events would be time-barred for failing to file a complaint with the EEOC within 300 days of the purported harassment, plaintiff’s allegations fall far short of what is required to sustain a hostile work environment claim. Plaintiff’s amended complaint is devoid of any facts that would support a finding of ‘severe’ or ‘pervasive’ conduct at all and plaintiff fails to plead facts that any alleged conduct amounted to a change in the terms or conditions of his employment.”
Moreover, the factory’s counsel claimed that the plaintiff “failed to identify any statements or actions by his supervisor, Meredith Miller, or any person bearing responsibility for the decision to terminate his employment that might suggest a racially discriminatory animus.”
“Rather, plaintiff’s only factual allegations attributable to Ms. Miller are that she confronted him about his use of inappropriate language, advised him of an issue with his work performance, and asked him to perform a job task which he refused,” the dismissal motion stated.
The plaintiff seeks monetary relief in excess of $300,000, a trial by jury and all other just relief.
The plaintiff is represented by Larry Miller, Jr. of The Miller Law Group, in West Lawn.
The defendant is represented by Lee C. Durivage and Michael Curry Burke of Marshall Dennehey Warner Coleman & Goggin, in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 5:22-cv-00228
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com