An age discrimination lawsuit filed against Butler County has moved to federal court.

Jo Donaldson, 58, of Center Township, a former county Area Agency on Aging supervisor, also is suing the county for wrongful termination.

Her attorney, Edward Olds of Pittsburgh, said the county wanted the age discrimination case moved to federal court from county court, where the lawsuit was initially filed Jan. 27.

“The county was entitled to federal court because we raised federal claims,” Olds said.

County solicitor Mike English referred all questions to Pittsburgh attorney Marie Jones, who was retained by the county’s insurer, the Pennsylvania Counties Risk Pool.

Jones could not be reached for comment.

According to the lawsuit, the county fired Donaldson May 7, 2013, for alleged misconduct while only giving warnings or suspensions to younger employees for policy violations.

The lawsuit points out her post was subsequently filled by a “significantly” younger employee, who is under 50.

The lawsuit also alleges Donaldson was unjustly fired because she followed regulations governing guardianship issues.

“The alleged rationale for Donaldson’s termination — failure to follow proper protocol while responding to a report of needs — is pretext,”

AAA did an April 2013 investigation into an elderly woman with dementia needing protective services. Donaldson determined the woman was at risk because she was left alone for part of each day.

Donaldson decided the best course of action was asking a judge to appoint a temporary guardian under an emergency guardianship proceeding, which happened.

According to the lawsuit, “When Mrs. Donaldson went to serve the older adult with the guardianship order, the older adult attempted to physically assault Mrs. Donaldson.’

The elderly woman was then involuntarily committed to the psychiatric unit of Butler Memorial Hospital.

The lawsuit claims the woman fell and injured herself while at the hospital, resulting in one of her sons threatening to sue the county to regain custody of his mother.

Donaldson was suspended April 26, then dismissed May 7.

The lawsuit contends her firing was contrary to the county’s progressive disciplinary process, which would entail a lesser punishment to be handed out for an initial infraction.

According to the lawsuit, “Rather than being warned and monitored for future imprudent behavior, which would have been in conformity with Butler County’s disciplinary structure and prior practices, she was automatically terminated.”

Donaldson is seeking an amount exceeding $50,000 for compensatory damages, back pay, damages for future economic loss she might lose and attorney fees.

The case is pending in U.S. District Court.

This case is separate from a wrongful termination complaint Donaldson filed in 2014, appealing a county-appointed panel’s ruling to uphold her firing.

After a county court ruling in favor of the county, Donaldson appealed the decision in state Commonwealth Court, where that case is pending.