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  • Writer's pictureKirstin Kennedy

PA man allegedly terminated for reporting discrimination

For immediate release

PITTSBURGH – A Pennsylvania man has filed a lawsuit against American Cap Company, LLC after he was allegedly terminated for raising concerns of racial and gender-based discrimination in the workplace.

According to a civil complaint filed in the Western District Court of Pennsylvania, Plaintiff Joseph Kapchus began working for American Cap Company in June 2018 as a CNC Operator. A few months into his employment, Mr. Kapchus raised a complaint regarding gender-based discrimination in the workplace – specifically, he asked a shift manager why female employees and job candidates were not given the opportunity to work as CNC Operators, according to the complaint. Mr. Kapchus alleged that the next day, in response to his complaint, he was moved off of the CNC machine to a secluded area on the roughing line to perform different work that he was not trained to do.

According to the filing, he raised a second complaint a few days later by writing a letter to the company’s Human Resources Department regarding concerns he had about racial discrimination. In the letter, Mr. Kapchus disclosed an intention to potentially file a Charge of Discrimination with the Equal Employment Opportunity Commission, according to the complaint. Mr. Kapchus alleged that he met with the business owner and a HR representative a few days later. According to the court filing, the business owner demanded to know the names of other employees who had discussed issues of discrimination; however, Mr. Kapchus refused to name those with whom he had discussed acts of discriminatory behavior.

The business owner then informed Mr. Kapchus that, if he filed a Charge of Discrimination with the EEOC, he would be fired, according to the complaint. Mr. Kapchus alleged that, out of fear of losing his job, he did not file anything with the EEOC. Despite this, according to the complaint, he was placed on unpaid suspension and subsequently terminated from his position with American Cap Company. Mr. Kapchus alleged that he was never provided with a reason for his termination.

In the single-count complaint, lead Attorney David Manes asserted a charge of retaliation in violation of Title VII of the Civil Rights Act of 1964. According to Attorney Manes, the proximity of Mr. Kapchus’ complaints and his subsequent termination creates “strong evidence of retaliation because Mr. Kapchus was suspended and later terminated […] just days after the hostile meeting” with the company’s owner.

Prior to the filing of the lawsuit, Mr. Kapchus filed a complaint through the Equal Employment Opportunity Commission and was provided a right to sue. Attorney Manes filed the complaint on January 9, 2020.

Ruppert Manes Narahari is a Pittsburgh-based employment law firm representing workers who have been wrongfully terminated, harassed, or cheated by their employers. The firm also provides business law-related services and represents small businesses and entrepreneurs in startup, transactional, and litigation matters.

For more information on the claims made by Mr. Kapchus against American Cap Company, contact the law office of Ruppert Manes Narahari at 412-626-5626.

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