A former employee has filed a lawsuit alleging age discrimination and retaliation against a concrete pumping company. Kenneth Potier initiated the complaint on November 18, 2025, in the United States District Court for the Southern District of Texas, accusing Brundage-Bone Concrete Pumping, Inc. of violating federal employment laws.
Kenneth Potier, a seasoned pump operator with over 35 years of experience, claims that when he sought reemployment with Brundage-Bone in early 2025, he faced direct age-based discrimination. According to the complaint, during his inquiry about returning to work, Monty Mullenix, a manager at Brundage-Bone, allegedly questioned Potier’s desire to continue working as a pump operator due to his age. This comment is cited as direct evidence of discrimination under the Age Discrimination in Employment Act (ADEA). Furthermore, Potier alleges that the company fabricated a “no rehire” policy as a pretext to mask its discriminatory actions and subsequently engaged in retaliatory behavior during an ongoing Equal Employment Opportunity Commission (EEOC) investigation.
Potier argues that after filing an EEOC charge alleging age discrimination and retaliation, Brundage-Bone violated federal anti-retaliation protections by directly contacting him despite knowing he was represented by counsel. The complaint details instances where company representatives made improper contact with Potier during the EEOC process, which could deter a reasonable person from pursuing their rights under federal law. These actions are claimed to be retaliatory under Title VII of the Civil Rights Act of 1964.
The plaintiff seeks various forms of relief from the court including back pay, front pay, liquidated damages for willful conduct under ADEA, compensatory damages for emotional distress caused by the alleged discrimination and retaliation, and punitive damages for malicious actions. Additionally, Potier requests injunctive relief to prevent further discriminatory practices by Brundage-Bone and mandates for anti-discrimination training within the company.
Representing Kenneth Potier is attorney Courtney A. Vincent from Vincent Law PLLC based in Houston. The case is presided over by judges in the Southern District of Texas under Case ID 4:25-cv-05535.
Source: 425cv05535_Kenneth_Potier_v_Brundage_Concrete_Complaint_Southern_District_of_Texas.pdf
