**Anthony Jiles Files Discrimination Complaint Against Pennsylvania Department of Transportation**
On May 21, 2024, Anthony Jiles filed a complaint in the United States District Court for the Western District of Pennsylvania against the Pennsylvania Department of Transportation and the Council of the American Federation of State, County, and Municipal Employees (AFSCME), AFL-CIO. The case was registered under Civil Action No. 2:24-cv-00740.
Anthony Jiles, an African American male employed as a Tunnel Maintainer with the Pennsylvania Department of Transportation since March 1992, alleges racial discrimination and breach of contract in his complaint. According to Jiles, despite his seniority and continuous employment over three decades, he faced unjust denial of vacation requests while less senior white colleagues were granted similar leave periods. This action is brought pursuant to Title VII of the Civil Rights Act of 1964 and Section 301 of the Labor Management Relations Act.
Jiles' regular hourly rate is $28.34 with an additional shift differential increase due to early morning shifts. His complaint states that from around 2020 until October 2022, he routinely used his vacation days on Thursdays, Fridays, and Saturdays without issue. However, on September 26, 2022, when he submitted a leave request for January to June 2023, it was denied by the Department citing "burdensome operational needs." Despite this claim, Jiles discovered that multiple less senior white Tunnel Maintainers had their leave requests approved for the same period.
In response to this perceived inequity, Jiles filed an internal grievance and sought remedy through the Equal Employment Opportunity Commission (EEOC). During this period, he was prevented from using his vacation time. On March 14, 2023, an internal hearing by the Western Joint Area Committee found no operational need preventing Jiles' leave approval and ordered the Department to grant his requested vacation days.
Despite this ruling, on March 31, 2023, Jiles was informed that there would be no remedy for vacation time lost during grievance adjudication; instead, his unused vacation time would be converted into sick time—a move resulting in a significant financial loss as sick time is compensated at only half the rate of vacation time upon separation from employment.
Following advice from union representative Steve Kumanchik to file another grievance regarding this conversion issue on April 4th, Jiles did so but later learned that AFSCME withdrew it without precedent or prejudice on May 8th. The EEOC subsequently issued a notice granting him the right to sue on March 12th.
Jiles asserts that these actions constitute racial discrimination under Title VII and breach both collective bargaining agreements and fair representation duties under labor laws. He seeks actual damages totaling $7,041.60 for lost vacation value during grievance adjudication along with compensatory damages for race discrimination plus attorney’s fees and litigation costs.
Representing himself in this matter is Anthony Jiles while presiding over proceedings will be Judge WSS.