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Former Employee Alleges Political Retaliation And Age Discrimination Against Fayette County

PENNSYLVANIA RECORD

Monday, November 25, 2024

Former Employee Alleges Political Retaliation And Age Discrimination Against Fayette County

Federal Court
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A former county employee has filed a lawsuit alleging age discrimination and political retaliation. Stephen Cooper filed the complaint in the United States District Court for the Western District of Pennsylvania on August 26, 2024, against Fayette County and Michael Aubele.

Stephen Cooper, represented by attorneys from the Law Offices of Joel Sansone, claims that his termination as Chief County Detective was politically motivated and discriminatory based on his age. According to the complaint, Cooper had been employed by Fayette County since December 10, 2010, until his termination on March 29, 2024. The plaintiff alleges that he was terminated due to his support for Richard Bower in the 2023 primary election for Fayette County District Attorney and his opposition to Michael Aubele. Aubele won the primary election on May 16, 2023, and was subsequently elected as District Attorney on November 7, 2023.

Cooper asserts that shortly after Aubele took office on January 1, 2024, he was informed by Aubele that he would be terminated from his position. The complaint states that this decision was retaliatory because of Cooper's political affiliations and support for Bower. Additionally, Cooper believes that his termination was influenced by age discrimination since he is sixty-five years old. He points out that younger employees were treated more favorably and not terminated without reason.

The plaintiff also highlights that his replacement was Robert Reitler, a significantly younger and less experienced individual who allegedly supported Aubele during the election or did not oppose him. Cooper contends that this replacement further supports his claim of age discrimination under the Age Discrimination in Employment Act (ADEA).

In seeking redress from the court, Cooper demands compensatory general damages against both defendants jointly and severally for violating his First Amendment rights under 42 U.S.C. §1983. He also seeks compensatory special damages, costs of suit, reasonable attorney’s fees as permitted by law, pre- and post-judgment interest as permitted by law, punitive damages against Michael Aubele specifically for willful misconduct, and any other relief deemed proper by the court including injunctive or declaratory relief.

Additionally, under Count II of the complaint which pertains to violations of the ADEA—Age Discrimination—Cooper requests judgment declaring the defendants' actions unlawful under the ADEA; an award for lost pay and benefits with interest; liquidated damages equal to pecuniary losses due to willful violation; reinstatement to his previous position or equivalent front pay; pre-judgment and post-judgment interest; reasonable attorneys’ fees; costs of action; and any additional relief deemed just.

The case is presided over by Judge MJH with attorneys Joel S. Sansone (PA ID No. 41008), Massimo A. Terzigni (PA ID No. 317165), and Elizabeth A. Tuttle (PA ID No. 322888) representing Stephen Cooper.

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