Judge Upholds $625K Jury Award for Car Salesman in Hostile Work Environment Case Against Auto Dealership
Attorneys Will Rieser, Esq. and Brian C. Farrell, Esq. recently secured a $625,000.01 verdict against Boulevard Autogroup, LLC on behalf of their client, Michael Burgo, in the U.S. District Court for the Eastern District of Pennsylvania (case No. 23-3187).
Boulevard Autogroup, LLC rehired Dealership Manager Michael Burgo, then 67 years old, in 2018. Upon his hiring, Burgo was immediately subjected to numerous harassing ageist statements by the dealership’s Acting Owner, Gary Barbera, over two years, creating and encouraging a hostile age-based work environment.
Burgo testified that Barbera directed age-related comments, such as “[y]ou can’t teach an old dog new tricks,” that “[y]oung people want it more,” and that “his best days were behind him.” After suffering a heart attack in June 2019, Burgo testified that Barbera’s age-related comments against him escalated, stating the comments embarrassed, humiliated, and offended him.
Barbera was convicted of tax fraud in 2010 and sentenced to three years in prison. He was confined to house arrest for the first year of his sentence to continue operating and managing the dealership.
The jury concluded that Burgo did not prove that the dealership fired him but did agree with his hostile work environment claims, citing ample evidence that the dealership created an age-related hostile work environment. Honorable Judge Mark Kearney agreed, noting “intentional discrimination and pervasive harassment” and finding Barbera’s comments objectively offensive.
In an additional decision, Kearney also awarded $298,958.06 in attorney fees and $28,902 in costs to Boulevard Autogroup’s objections. Kearney upheld his decision, stating that the attorneys’ billed time appeared appropriate for trial preparation, conferences, strategy meetings, and the trial itself.
Farrell said his client was happy with the outcome.
“We are pleased with Judge Kearney’s rulings and happy for our client, who waited a long time for justice,” Farrell said.
The Gold Law Firm P.C. is a premier employment law firm with a fearless team of attorneys. Call 215-569-1999 or contact online to schedule a free consultation. Located in Philadelphia and Pennsauken, New Jersey, we serve clients in South Jersey and Southeastern Pennsylvania.
