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Former Employee Alleges Age and Disability Discrimination Against Energy Company

PENNSYLVANIA RECORD

Friday, November 22, 2024

Former Employee Alleges Age and Disability Discrimination Against Energy Company

Federal Court
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A former employee has filed a lawsuit against his previous employers, alleging severe workplace discrimination and wrongful termination. James DeSoto filed the complaint in the United States District Court for the Eastern District of Pennsylvania on August 15, 2024, targeting DCO Energy, LLC and DCO Operations, LLC.

James DeSoto claims that during his brief employment with DCO Energy and its subsidiary, he faced age discrimination, disability discrimination, and a hostile work environment. Hired on October 23, 2023, as an Operating Engineer at Parx Casino in Bensalem, PA, DeSoto was terminated just over two weeks later on November 9, 2023. He alleges that derogatory comments about his age and disabilities were made by supervisors Frank Nettleton and John Howell. DeSoto also claims that Nick Palumbo made anti-Semitic remarks towards him. Despite his efforts to object to these inappropriate comments and request reasonable accommodations for his chronic leg and foot conditions, DeSoto asserts that he was met with hostility rather than support.

The plaintiff further alleges that the defendants' management exhibited discriminatory behavior based on race and national origin. He recounts instances where offensive comments were made about Jewish people by Palumbo and violent political statements by Nettleton regarding FBI Director Christopher Wray and Democrats. These incidents contributed to what DeSoto describes as a non-professional work environment filled with hate speech.

DeSoto's complaint includes accusations of violations under multiple federal laws: the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 (Title VII), Section 1981 of the Civil Rights Act of 1866 (Section 1981), and anticipates adding claims under the Pennsylvania Human Relations Act (PHRA) once administrative remedies are exhausted. He seeks various forms of relief from the court including back pay, front pay, compensatory damages for emotional distress, punitive damages for willful misconduct by the defendants, attorney’s fees, costs of litigation, and other equitable relief deemed appropriate by the court.

Representing James DeSoto is Ari R. Karpf from Karpf, Karpf & Cerutti P.C., while details about defense attorneys remain unspecified in this filing. The case is presided over by Judge [Name], under Case ID: 2:24-cv-04219.

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