Lawsuit accuses U. of age discrimination

A 58-year-old former Penn employee has filed a lawsuit against the University, claiming that he was fired because of his age and replaced by someone younger and less qualified. The lawsuit -- filed in the U.S. District Court on December 3 -- alleges that Byron Dresner, first hired by Penn in 1967, was dismissed in June 1998 from his position as one of several professional academic advisors for Wharton undergraduates. But Penn claims that he violated the department's policies relating to student affairs, causing his dismissal. "His termination was the product of differential and disparate treatment based on his age," said the lawsuit. "[Dresner] was recently replaced by an associate director who is believed to be in his 30s and is believed to have far less qualifications and credentials," alleges the lawsuit, which was filed jointly with the U.S. Equal Employment Opportunity Commission. In addition, the lawsuit claims that three of Dresner's co-workers who ranged in age from 50 to 60 years were also terminated from the Administrative Department of the Wharton School in the last two years. In its formal response, Penn denied the accusations and claimed instead that Dresner was fired because he "illicitly altered his daughter's records, including grade and class standing." Dresner's daughter is currently a Wharton student. The University's response, filed at the end of December, stated that, in addition, Dresner was dismissed because of his unsatisfactory job performance. Penn also denied the plaintiff's allegations that three of Dresner's elder co-workers were dismissed from their positions. "We believe that we took the appropriate action [in firing Dresner] and the University plans to defend itself vigorously in this lawsuit," University Associate General Council Eric Tilles said. Dresner's attorneys, however, denied Penn's accusation that their client tampered with University information. "There was no falsification of any records and the evidence will substantiate that fact," said Sidney Gold, one of two lawyers representing Dresner. Penn also denied that Dresner, a Lynwood, Pa., resident, maintained a satisfactory job performance in his position as an academic advisor, as the former employee alleges in the lawsuit. "[Dresner] engaged in illicit, insubordinate activities that demonstrated a clear conflict of interest," the University's formal response stated. The suit also claims that the University rejected Dresner's attempts to be rehired by the Penn Athletic Department, a position that he was "better qualified [for] than those persons considered." Dresner is demanding that the University compensate him $100,000 for future monetary losses, pain, inconvenience and mental anguish.

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