Former COO Sues DNA Genetics Over Termination
A former executive files a federal lawsuit alleging discrimination based on age and his family member's health status.
Updated on Oct. 25, 2026 in Human Resources
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Delwyn Birkhofer, the former COO of DNA Genetics, has filed a federal discrimination lawsuit against the company and its parent firm, Pillen Family Farms. The suit claims Birkhofer was unlawfully terminated in May 2025 due to his age and the medical needs of his granddaughter.
Why it matters
The lawsuit centers on allegations that the company sought to avoid high healthcare costs associated with the plaintiff's self-funded insurance plan. It raises significant questions regarding corporate responsibility and protections for employees under federal anti-discrimination laws.
Delwyn Birkhofer served as the company COO from 2021 until his termination in May 2025. He was 61 years old at the time of his departure, having joined the firm at age 56.
The players
Delwyn Birkhofer
He is the former chief operating officer who is now pursuing legal action against his former employer.
DNA Genetics
This is a genetics company owned by Pillen Family Farms that is the primary defendant in the discrimination suit.
Pillen Family Farms
This organization is the parent company of DNA Genetics and a named defendant in the federal lawsuit.
The details
Birkhofer alleges that after disclosing his granddaughter's February 2025 genetic blood disorder diagnosis, he was targeted to reduce insurance plan liabilities. The complaint further asserts that his severance practices were influenced by age and racial discrimination.
Timeline
Delwyn Birkhofer was hired as COO in April 2021.
His granddaughter was diagnosed with a genetic blood disorder in February 2025.
Birkhofer was terminated from his position on May 1, 2025.
The lawsuit was formally filed on October 24, 2026.
Market Landscape
The lawsuit alleges violations of the Genetic Information Nondiscrimination Act, which prohibits employers from discriminating against employees based on genetic information. This case highlights the tension between corporate cost-containment strategies and the legal protections afforded to workers.
Employees should be aware that federal law provides specific protections against discrimination based on association with individuals with disabilities. This case underscores the importance for workers to understand their rights regarding self-funded health insurance plans and severance agreements.
The takeaway
This case serves as a reminder for professionals to carefully review their company health insurance and severance policies during their tenure. Legal challenges regarding wrongful termination often hinge on documented disclosures made between employees and management.
Further reading
Learn more about workplace legal standards on the Human Resources page.
Source note: This article includes information reported by Nebraska Public Media.
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