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Former Tyson Employee Files Age Discrimination Suit

A Tyson Foods delivery truck.

North Platte, Nebraska, USA - June 28, 2013: A Tyson Foods semi truck on Interstate 80 near North Platte. Tyson Foods is a multi national food processor.

Last Thursday, plaintiff Tami McIntyre filed a Northern District of Texas employment discrimination action against Tyson Fresh Meats, Inc. for violations of the Age Discrimination in Employment Act of 1967 (ADEA), a law that protects employees over the age of 40. The plaintiff was allegedly fired from Tyson based on her age, which was not disclosed in the complaint.

According to the filing, the plaintiff worked for the defendant, a subsidiary of Tyson Foods,  Inc., at its Amarillo, Texas, facility as a quality assurance manager, a position she held since 1985. In March 2019, she was allegedly told by her supervisor that she was “getting older,” and had 60 days to find work elsewhere.

After the comment from her supervisor, the plaintiff submitted a written complaint to Tyson’s human resources department, which, according to the filing, “did not do any serious investigation.” She was terminated in April 2019. The plaintiff contends that she never received a disciplinary write-up during her 34 years with the company, and that the termination was both discriminatory and retaliatory.

The complaint also noted that prior to filing the suit, the plaintiff exhausted her administrative remedies by filing a complaint with the Equal Employment Opportunity Commission (EEOC). She subsequently received an EEOC notice of right to sue letter, and then filed the instant complaint.

The three-count civil action alleged discrimination, hostile work environment, and retaliation under the ADEA. For the harm suffered, the plaintiff sought compensatory, exemplary, and punitive damages, and her attorneys’ fees and costs, among other requests. She also seeks injunctive relief in the form of discrimination training for Tyson employees and managers, the implementation of a disciplinary protocol for those who engage in unlawful discrimination, and compliance monitoring.

The plaintiff is represented by Ellwanger Law LLP.

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