Former Carleton College Employee Files Lawsuit Against School

A former custodian has filed a lawsuit against the school for what he claims to be discrimination and illegal termination.

Gregory F. McCracken says he was fired after 41 years of employment because of his age and disability, which he says he incurred as a result of his work at Carleton.

McCracken, 61, of Northfield, received a pacemaker in July 2009 after his heart failed as a result of stress, according to the complaint filed by McCracken’s attorneys, Philip G. Villaume and Jeffrey D. Schiek of Villaume & Schiek, P.A. (The complaint is attached as a PDF.)

The complaint says the stress was a result of harassment at work, which McCracken reported in April 2009.

"Most employers treat personnel matters as confidential and that is certainly the college’s view," said Dan G. Wilczek, attorney for Carleton College.

McCracken’s legal team says Carleton violated both state and federal law.

The matter was originally filed with Minnesota District Court, but has been moved to federal court, Wilczek said. He said it made sense to move it to federal court because of McCracken's claims that the college violated federal statutes.

McCracken alleges seven violations against Carleton:

• Disability discrimination in violation of state law
• Age discrimination in violation of state law
• Retaliation discrimination in violation of state law
• Whistle blower violation in violation of state law
• Retaliation in violation of the whistle blower law in violation of state law
• Americans with disability discrimination in violation of federal law
• Age discrimination in employment in violation of federal law

McCracken also claims he was fired for reporting violations of upper management. McCracken in 2006 filed complaints that led to the termination of the director of facilities at that time, according to the complaint. On Jan. 28, 2011, McCracken reported that he witnessed an employee stealing Carleton property.

Further claims of disability discrimination stem from October 2010 when McCracken told his supervisor that he had torn his meniscus in his left knee. On Feb. 4, 2011, McCracken was asked to accompany a supervisor on building tours, but McCracken “pleaded to not do this because of his torn meniscus,” according to the complaint.

On Feb. 10, McCracken received a letter of warning for refusing to follow directions of his supervisor. On Feb. 23, McCracken was ordered to take part in an assessment. On April 6, he was reassigned to a new position.

On April 26, 2011, McCracken was recognized for 40 years of service.

He was fired April 27, 2011.

As a result of his termination, McCracken “has been deprived of financial and non-financial benefits of employment, including, but not limited to, lost wages, future lost wages, anxiety, humiliation, pain and suffering, mental anguish, and loss of fringe benefits, attorneys’ fees, and other out-of-pocket expenses," the complaint says.

Schiek said he expects pretrial scheduling to be ordered in the next 60 days.

The two sides will spend between 6 and 9 months in discovery leading up to what is expected to be a motion to dismiss the case, Wilczek said.

McCracken seeks a jury trial. If his case is successful, damages will be determined at a later date, Schiek said.

Editor’s note: Northfield Patch extends its gratitude to @jimhammerand for the tip that led to this story.