HUNTINGTON – A white Hurricane man says he was wrongfully terminated after being a victim of age and racial discrimination.
Dean Piepiora originally filed his complaint in Cabell Circuit Court in January against Alcon Research LLC. On February 25, Alcon filed a notice of removal in federal court.
According to the original complaint, Piepiora was a senior manager in the Manufacturing, Science & Technology division of Engineering at Alcon’s facility in Huntington where it makes intraocular lenses and delivery systems. He says he was 55 years old at the time of his firing in August 2024.
In its answer, Alcon denies the allegations and seeks to have the case dismissed.
On May 22, 2024, Piepiora says he and a group of co-worker friends had a golf outing. He says he took Friday off, and the group played a round at a local country club. He says the outing was off work time and was not work sponsored. He played 18 holes and was partnered with a Black friend/co-worker.
“After enduring several offensive songs with lyrics repeating the ‘N’ word, glorifying rape and murder, and other racial epithets, Mr. Piepiora commented that he did not like the music,” the complaint states. “His complaint was focused entirely on the lyrics as he did not like the repeated racial comments and found them offensive.
“Plaintiff stated he did not like the ‘N’ rap (i.e. the lyrics) in response to the much repeatedly using the ‘N’ word in the lyrics. His friend did not say anything to him regarding the comment at this time.”
Piepiora says work continued as normal for the next several weeks. At the end of July, he says he was asked to meet with human resources about a report regarding the comments during the golf outing. He says he explained what happened and further explained his complaint was “focused entirely on the lyrics. … It was not criticism of his golfing partner or his race. It was the exact opposite.”
“Plaintiff considered him a friend and would never intentionally offend him,” the complaint states. “Plaintiff denied that he was discriminatory, rude or hostile at any during the conversation. After the meeting, plaintiff saw the friend/co-worker and they discussed what had occurred with both acknowledging there was no hard feelings, and they shook hands. (He) thought the situation had been remedied.”
Piepiora says in late 2023 and early 2024, Alcon began a “deliberate campaign to encourage older workers over the age of forty, primarily in their 50s, and the higher wage earners, to retire and/or go part time in order to make substantial budget cuts.” He says he made it known he intended to work full time until at least his full retirement age.
But he says he was fired on August 12, and he says the reasons were pre-textual to “disguise the true motivation behind his firing which was illegal discrimination motivated by race (white), age and exercise of free speech on his personal time, and retaliation for reporting racially motivated comments.”
“Furthermore, it strains credibility to suggest that one person can play multiple songs repeating the ‘N’ word, but when the other person says he does not like this ‘N’ rap (i.e. the lyrics), then he is a racist and must be terminated from work,” the complaint states. “This stance is hypocritical, contradictory and constitute reverse discrimination.”
Piepiora says Alcon was aware of and allowed a Black employee to call white employees “cracker” and to tell white employees eating lunch together or enjoying other activities that “he will talk to them after their clan meeting.”
“This conduct demonstrates favoritism in permitting Black employees to create a racially hostile workplace while accepting and condoning questionable complaints of racism from white employees that violates the (West Virginia Human Rights Act) and Title VII and proves pretext for plaintiff’s wrongful termination,” the complaint states. “Finally, this pattern and practice constitutes illegal discrimination resulting in plaintiff’s termination as other employees who are not members of his protected class (i.e. not white or over the age of 40) including the Black co-worker who was not over the age of 40, were not disciplined as harshly and/or were not terminated for the same or similar conduct. Defendant used an isolated comment to accomplish its dual goal of reducing costs by eliminating older, high wage earners and to project diversity to the detriment of older, white employees.”
Piepiora accuses Alcon of age discrimination, race discrimination, violations against public policy and intentional infliction of emotional distress.
He seeks injunctive, economic, non-economic and punitive damages as well as pre- and post-judgment interests, attorney fees, court costs and other relief.
Piepiora is being represented by attorney Tammy Bowles Raines in Charleston. Alcon is being represented by Anders W. Lindberg, Stacey L. Richards-Minigh and Daniel J. Boothe of Steptoe & Johnson in Huntington.
U.S. District Court for the Southern District of West Virginia case number 3:25-cv-00122 (Cabell Circuit Court case number 25-C-28)