February 28, 2019

Trial News

Verdicts & Settlements: Employment Law

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Age discrimination

February 28, 2019

Attorney Dennis Caglia worked for the Montgomery County Public Defender’s Office for 30 years. Chief Public Defender Dean Beer asked Caglia, who worked part-time, whether he would be willing to accept a full-time job and offered him a salary that was in the lowest range the department offered, despite the existence of an open full-time position that had a salary range that was $30,000 more than what Caglia was offered. Caglia declined the offer. Beer threatened to fire him and told him that he planned to eliminate his position in favor of a full-time attorney. Caglia filed an age discrimination complaint with the Equal Employment Opportunity Commission. Beer fired him four days later. Caglia had been earning over $39,000 annually.

He sued the county, alleging willful age discrimination and retaliation under the Age Discrimination in Employment Act, 29 U.S.C.A. §621, and violation of the Pennsylvania Human Relations Act, Pa. Stat. Ann. tit. 43, §§951-63. During the litigation, the county rehired Caglia as an attorney for its opioid prevention program. His new salary is more than $40,600.

The jury awarded more than $222,500, including approximately $62,500 in back pay.

Citation: Caglia v. Cnty. of Montgomery, No. 2:17-cv-05166-HB (E.D. Pa. Dec. 13, 2018).

Plaintiff counsel: Marc E. Weinstein, Fort Washington, Pa.; and Ralph Lamar IV, Arvada, Colo.