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[ Friday, Jan. 17, 2003 ]

Disabled man sues PSU for discrimination

A 51-year-old mushroom scientist with a genetic joint defect has accused Penn State of age and/or job discrimination stemming from a 2001 job search, according to court documents filed in U.S. District Court in Pittsburgh.

The university denied the accusations and called for a dismissal of the civil rights lawsuit, according to the defendant’s answer filed with the court Monday. Frederick C. Miller, of Cabot, who reports having a doctorate in microbial ecology, applied in February 2001 to be an assistant professor of plant pathology at Penn State.

He was one of six candidates for the job. He was not interviewed, but interacted at some point with current faculty members, both parties agree.

Miller suffers from Ehlers-Danlos syndrome, which affects the body’s connective tissue and can lead to joint injury and early onset of osteoarthritis, according to the complaint. He claims that Penn State did not hire him for the job because of his age, his disability and/or his perceived disability.

In its reply, Penn State denied this reasoning, and noted that the position remains unfilled, due in part to “budgetary considerations.” Miller’s attorney — James B. Lieber of the Pittsburgh law firm of Lieber & Hammer — said that neither he nor his client would comment further on the case.

Attorneys at the State College law firm of McQuaide, Blasko, Schwartz, Fleming & Faulkner, which is representing the university, did not return a call requesting comment this week.

 



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