Boeing’s Motion to Dismiss Age Bias Retaliation Suit Fails
- posted: Jun. 15, 2023
- Employee Rights, Wrongful Termination
Boeing’s motion to dismiss an age bias and retaliation suit has failed in Washing federal court. U.S. District judge Tana Lin denied the corporation’s argument that the lawsuit was filed outside the statute of limitations, so the case will proceed as scheduled.
Case background
Paul Bernal filed a lawsuit against Boeing, alleging violations of the Washington Law Against Discrimination. The suit was filed one week after the three-year statute of limitations expired, based on the initial notice Bernal received about job reassignment. However, Bernal also received a notice finalizing the decision ten days later. This was also the day that Bernal’s coworkers were told about the reassignment. Therefore, Judge Lin ruled that the retaliatory demotion claim was still filed in a timely manner—Bernal would not have realized the reassignment offer was no longer tentative until he received the second notice.
Bernal was an industrial engineer at Boeing, starting in 1989. He consistently received positive feedback from his employers, including promotions, pay raises, bonuses and positive performance reviews. However, when a new manager was hired in 2014, he and other coworkers were subject to age bias, heightened scrutiny and degrading comments. In 2018, he was asked to take on a project which would require him to work closely with the manager in question. When he said he wouldn’t allow her to target anyone on his team, he was informed he had a year to either find a management in another position or face a demotion. Bernal was then demoted.
Bernal is accusing the company of engaging in retaliatory behavior, including failure to train him for the new job, downgrading from a private office to a cubicle, and pressure to resign from the volunteer positions he held within the company.
If you’ve suffered age discrimination or a hostile work environment at your job, a knowledgeable whistleblower attorney at Kardell Law Group can help. Call today to learn more about your options.
