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Fired workers sue Latrobe Specialty Steel

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By Joe Napsha
TRIBUNE-REVIEW
Saturday, May 17, 2008


Latrobe Specialty Steel Co. is accused in a federal lawsuit of permitting an "entire culture" where pornographic e-mails were sent and received by many workers and management, including company President Hans J. Sack.

Four former longtime Latrobe Specialty Steel employees alleged in an age discrimination lawsuit they filed Tuesday in U.S. District Court in Pittsburgh that they were fired in November on the grounds that they sent and received offensive e-mails.

Latrobe Specialty Steel would not comment on the allegations, spokeswoman Lisa Pierce said.

The four workers -- Douglas M. Hodczak, 58, of Derry, James M. Crossan, 60, of Latrobe, Thomas J. Magdic, 58, of Ligonier and Joseph A. Litvik, 61, of Blairsville -- said in the lawsuit that the company violated the Age Discrimination in Employment Act. Its stated reason for the firings was only a pretext because three of the four were replaced with younger employees, according to the lawsuit.

Pittsburgh attorney Bruce Fox is representing the fired workers. Hodczak and Magdic could not be reached for comment. Litvik and Crossan declined to comment.

A complaint was filed with the U.S. Equal Employment Opportunity Commission on March 12, but the commission has not informed the former workers of any decision.

The e-mails sent and received by the fired workers "were far less offensive than what many other employees and members of management, including Hans J. Sack, president of LSS, sent and received without any sanction from the company," the lawsuit said. "There is an entire culture at LSS of sending pornographic e-mails," the suit stated.

The lawsuit seeks back pay plus benefits and damages for the four fired workers, along with an injunction prohibiting Latrobe Specialty Steel from discriminating against workers 40 or older. It seeks a judgment that a class action lawsuit can be filed against the steelmaker, saying its action in firing those workers violates age discrimination law.

The lawsuit alleges that Latrobe Specialty Steel has been discriminating against its older work force, firing them and forcing them to retire, for a long time and the practice has not stopped.

The nature of the allegedly offensive e-mails was not disclosed. Magdic was fired for allegedly engaging in sexual harassment of a female co-worker, after sending what the lawsuit characterized as an innocuous e-mail.

The fired employees were among six people initially suspended by the company for e-mailing allegedly improper material, the lawsuit said. They were not warned about the conduct for which they were fired, the suit said. The four workers who lost their jobs were among the oldest in the company, the suit said.


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