A long-time employee has filed a lawsuit against a major aerospace company, alleging age and disability discrimination. John Fisher, the plaintiff, filed his complaint in the United States District Court for the District of New Jersey on May 29, 2024, against The Boeing Company.
John Fisher, a 55-year-old former Sheet Metal Assembler who worked for Boeing for nearly 35 years, claims he was wrongfully terminated on May 25, 2023. According to the complaint, Fisher had an exemplary work history until he developed significant health issues in the summer or fall of 2022. Diagnosed with Chronic Eczema and Acute Folliculitis, Fisher applied for intermittent leave under the Family and Medical Leave Act (FMLA), which was initially approved but later made unreasonably difficult by Boeing's requirements for additional paperwork.
Fisher alleges that after he began utilizing his FMLA leave, his supervisors' attitudes towards him changed drastically. His work assignments diminished significantly, and he believes this was due to his disability and use of FMLA leave. He also points out that Boeing offered early retirement packages to employees over 50 with more than 20 years of experience around the same time he was suspended and subsequently terminated.
The complaint further details how Fisher was accused of "theft-of-time" for allegedly falsifying timecards between April 14 and April 27, 2023. Despite explaining that he used sick and vacation time to cover any lateness due to his health issues—a practice discussed with his supervisor—he was suspended pending investigation on May 5, 2023. He was ultimately terminated on May 25, making him ineligible for the early retirement package.
Fisher contends that younger employees without disabilities or FMLA leaves were treated more favorably despite similar accusations of falsifying timecards. Specifically mentioned are two other Sheet Metal Assemblers who were not terminated despite similar allegations. Fisher accuses Boeing of age discrimination under the Age Discrimination in Employment Act (ADEA), disability discrimination under the Americans with Disabilities Act (ADA), retaliation under both acts as well as the FMLA, and violations of New Jersey's Law Against Discrimination (NJLAD) and Family Leave Act (NJFLA).
In seeking judgment from the court, Fisher demands back pay, front pay, lost benefits, liquidated damages due to willful misconduct by Boeing, punitive damages for intentional discrimination and retaliation, attorney’s fees under mixed-motive liability theories where applicable, reinstatement if feasible or appropriate equitable remedies otherwise.
Representing John Fisher is Christopher J. DelGaizo from Derek Smith Law Group PLLC based in Philadelphia. The case is being overseen by Judge Paul Diamond under Case ID: 2:24-cv-04264-PD.