Trial Magazine

Steve Middlebrooks worked as the director of facilities engineering for Teva Pharmaceuticals. He received excellent performance evaluations for approximately 14 years. After a reorganization, Middlebrooks, 58, began working for a manager who was based in Israel and was 14 years his junior. The manager asked Middlebrooks his age and age-related questions. The manager also asked Middlebrooks how long he planned to continue working and made several comments indicating his dislike of Americans.

Middlebrooks was later denied his equity bonus worth $50,000. He heard from another employee that the manager had stated equity bonuses were reserved for longer-term employees who intended to remain at the company. Middlebrooks complained to human resources, which recommended cultural and sensitivity training. After being placed on a performance improvement plan, Middlebrooks was terminated. He had been earning approximately $300,000 annually and is now doing contract work for a lesser salary.

Middlebrooks sued Teva Pharmaceuticals USA Inc., alleging retaliation and age and national origin discrimination under the Age Discrimination in Employment Act, 29 U.S.C. §621, and Title VII of the Civil Rights Act of 1964. The plaintiff also alleged violation of the Pennsylvania Human Relations Act, Pa. Stat. Ann. tit. 43, §951.

The jury awarded the plaintiff more than $6.31 million, including $5 million in punitive damages.

Citation: Middlebrooks v. Teva Pharms. USA Inc., No. 2:17-CV-00412 (E.D. Pa. Dec. 3, 2018).

Plaintiff counsel: AAJ member Laura Carlin Mattiacci, Caren N. Gurmankin, Kevin Console, and Ortal Mendelawe, all of Philadelphia.