University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Rupert v. PPG Industries, Inc. EE-PA-0241
Docket / Court 08-616 ( W.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Equal Employment
Case Summary
On May 6, 2008, individual plaintiffs filed a collective action in the Western District of Pennsylvania for unlawful retaliation under the Age Discrimination in Employment Act (ADEA) including the Older Workers Benefit Protection Act (OWBPA), against PPG Industries, a Pennsylvania corporation. The ... read more >
On May 6, 2008, individual plaintiffs filed a collective action in the Western District of Pennsylvania for unlawful retaliation under the Age Discrimination in Employment Act (ADEA) including the Older Workers Benefit Protection Act (OWBPA), against PPG Industries, a Pennsylvania corporation. The plaintiffs, who were former employees of PPG, requested that the court certify the class, declare the individual plaintiffs to serve as representative plaintiffs, and grant a declaratory judgment.

Plaintiffs had previously filed a class action in 2007, EE-PA-0242, against PPG for violations of the ADEA for PPG's practice of having terminated older workers sign release agreements in which the terminated workers waived claims under the ADEA. Plaintiffs argued, however, that the agreements were not compliant with the OWBPA and were therefore unenforceable. Defendant counterclaimed that plaintiffs were in breach of the agreements, which contained covenants not to sue. Plaintiffs claim they were essentially forced to sign these agreements in order to obtain severance benefits upon their termination.

Based on the parties' interactions in the previous case, plaintiffs brought this suit claiming that defendant knew or should have known that its counterclaim in the first suit was not viable and that its intent in bringing the claim was to retaliate against the plaintiffs for enforcing their rights under the ADEA. Plaintiffs also claim that defendant has threatened future retaliation for plaintiffs' attempts to enforce their rights under the ADEA.

On June 17, 2008, defendant filed an unopposed motion to consolidate this case with the original case filed by plaintiffs in May 2007, EE-PA-0242. On June 18, 2008, the District Court (Judge Arthur Schwab) granted defendant's order to consolidate the cases. Accordingly, further proceedings in this case can be found at EE-PA-0242.

Marcy Blattner - 02/03/2015


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Issues and Causes of Action
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Issues
Defendant-type
Retailer
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Age discrimination
General
Retaliation
Plaintiff Type
Private Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. ยงยง 621 et seq.
Defendant(s) PPG Industries, Inc.
Plaintiff Description Representative Plaintiffs are former employees of defendant PPG in their 50s or 60s.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2008
Case Ongoing No
Case Listing EE-PA-0242 : Rupert v. PPG Industries, Inc. (W.D. Pa.)
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:08−cv−00616 (W.D. Pa.) 06/18/2008
EE-PA-0241-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Collective Action Complaint 05/06/2008
EE-PA-0241-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Schwab, Arthur J. (W.D. Pa.)
EE-PA-0241-9000
Monitors/Masters None on record
Plaintiff's Lawyers Evans, Melissa L. (Pennsylvania)
EE-PA-0241-9000
Fabian, Rudy A. (Pennsylvania)
EE-PA-0241-9000
Fox, Bruce C. (Pennsylvania)
EE-PA-0241-0001 | EE-PA-0241-9000
Lamberton, Charles A. (Pennsylvania)
EE-PA-0241-0001
Murray, Colin W. (Pennsylvania)
EE-PA-0241-9000
Defendant's Lawyers Glunt, James F. (Pennsylvania)
EE-PA-0241-9000
Murphy, Terrence H. (Pennsylvania)
EE-PA-0241-9000
Passarello, Lisa M. (Pennsylvania)
EE-PA-0241-9000
Tuite, Jaime S. (Pennsylvania)
EE-PA-0241-9000
Other Lawyers None on record

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