The DeKalb County Road Department and Road Supervisor Danny Hale have been named in a Federal lawsuit alleging age discrimination and for failing to pay overtime to a former employee. The plaintiff in the case, 86-year-old Mildred Suffridge, alleges that she was forced to retire and was replaced by a younger employee. The case is set for a jury trial on September 20, 2022, in the United States District Court, in Cookeville, TN. 

In the complaint, Suffridge, a former 23-year employee at the DeKalb Road Department, is asking for damage relating to and resulting from alleged age discrimination while she was employed at the Road Department, a violation of the Age Discrimination Act and the Fair Labor Standards Act. She also alleges the department failed to pay correct overtime compensation under FLSA.

According to the lawsuit, in March 2020, Supervisor Hale made derogatory age-based comments in the workplace, and discriminated against her by asking if she was going to retire, and saying that “She could not hear and was old” and “It was time for her to retire.”

The suit goes on to allege that Hale informed Suffridge’s coworkers that she was retiring, and held a retirement party for her, even though she did not retire and did not leave her employment voluntarily. Suffridge claims she was forced out, even though she was performing her job duties in a satisfactory manner, and that her job was given to a much younger person on April 1, 2020.

In addition, the lawsuit alleges that Suffridge was not paid minimum wage and the department failed to pay her for work she did in excess of 40 hours per week. The suit claims that Suffridge was misclassified as a salaried employee, which would be exempt from minimum wage and overtime under FLSA.

Suffridge is asking for damages in an amount to be determined by a jury, attorney fees, and to be reinstated at the Road Department and made whole for all lost earnings and benefits.

In an answer to the complaint filed by attorneys representing Hale and the Road Department, A. Ryan Simmons of Farrar & Bates, LLP in Brentwood, all the allegations were denied. The defendant denies that Suffridge was performing her duties in a satisfactory manner, but admits to hiring another individual to replace her, who happened to be younger than the plaintiff.

Simmons also alleges that the complaint fails to state a claim upon which relief can be granted, and that no act or omission violated Suffridge’s rights under Federal or State law.

In addition, Simmons claims that Suffridge was not subjected to any form of discrimination, and that no employment action was taken due to her age. The defense alleges that Suffridge was let go base on legitimate and non-discriminatory reasons.

Attorneys for Danny Hale also claim that the statute of limitations may have run in the case, and that the plaintiff failed to exhaust administrative remedies before the EEOC.

As for pay and overtime, the defense claims that all money owed to Suffridge has been paid, and that she was properly classified as an exempt salaried administrative employee, not entitled to overtime pay, and that Hale is not an employer under FLSA.

The Smithville Review reached out to Supervisor Hale for comment and he had this to say. ““I, Danny Hale, have been advised by my attorney to not speak of the case. I will say that some business decisions had to be made and in making those the DeKalb County Highway Department had a perfect audit in 2021. This is the first time in 15 plus years the highway department has had a perfect audit. I will always run this office with the integrity, you the taxpayer entrusted me to do.”