Did This TX Concrete Company Commit Disability Discrimination? By Dan Atkerson on July 18, 2016

Disabled office worker with colleague

OK Concrete, a company located in Wichita Falls, TX, is being accused of disability discrimination by a former employee and the Equal Employment Opportunity Commission. The EEOC filed the lawsuit last month after pre-trial settlement negotiations stalled.

Why Is the Company Being Sued for Disability Discrimination?

According to the lawsuit, the plaintiff was diagnosed with prostate cancer in January 2012. A few months later, he was hired on at OK Concrete as a mixer truck driver. He completed all the requisite training and was receiving high marks. As a courtesy, he informed management about his illness, and let his supervisors know that he would likely need to take a few days off after his health benefits started to seek treatment for the cancer. He was fired within hours.

This appears to be a blatant act of workplace discrimination. As per the Americans with Disabilities Act of 1990, employers are prohibited from making employment decisions based on a worker’s disability. Do you think OK Concrete committed disability discrimination?

The plaintiff had not immediately requested for extended periods of time off, nor had he even officially requested any time off. He had simply wanted to be up front with his new employers, and his courteousness was met with potentially wrongful termination.

The plaintiff is seeking compensation for lost wages in addition to punitive damages and injunctive action against OK Concrete to prevent workplace discrimination in the future.

Dallas employment lawyer Dan A. Atkerson will work against workplace discrimination and will fight aggressively on behalf of anyone who has been wronged by discriminatory businesses.

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Dan Atkerson

Law Offices of Dan A. Atkerson

Dan A. Atkerson has been protecting the rights of North Texas employees for over nearly four decades. He is affiliated with several prestigious legal organizations, including: 

  • United States Court of Appeals Fifth Circuit
  • State Bar of Texas
  • Texas Supreme Court and all Texas trial and appellate courts 
  • Texas federal courts for the Northern and Eastern Districts of Texas
  • United States Court of Appeals for the Fifth Circuit
  • State Bar of Texas
  • Dallas Bar Association 

Through aggressive, knowledgeable representation, he has helped clients all over the state reach significant verdicts and settlements. To schedule your free consultation at our law firm, request an appointment online or call us at (214) 383-3606.

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