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SOUTHEAST TEXAS RECORD

Tuesday, April 23, 2024

Man claims job loss due to physical impairment

Hommel

A former Jet Specialty employee claims he lost his job because of an injury he sustained while working, an alleged violation of the Americans with Disabilities Act.


Carl Sartain filed a lawsuit July 14 in the U.S. District Court for the Marshall Division of the Eastern District of Texas against Jet Specialty.



In his complaint, Sartain claims he began working as a warehouseman June 1, 2012. During his employment, Sartain repeatedly suffered from jokes and innuendo concerning his age, according to the complaint.


Then, on May 20, 2013, Sartain suffered a lower back injury while unloading chemical tanks from a tractor/trailer unit, the suit states. Sartain informed his manager of the injury, but completed his work for the day in severe pain, the complaint says.


Sartain was unable to return to work the following day due to severe discomfort and subsequently sought treatment from the Petty Chiropractic Clinic in Longview, he claims. Sartain returned to work May 28, 2013, to a seemingly agitated manager, according to the complaint.


On June 15, 2013, Sartain reported to work, but was terminated, the suit states. Sartain’s managers told him they were eliminating the warehouse position, but then proceeded to fill his position the following day, the complaint says.


Sartain contends he lost his job because of his physical impairment, which is a violation of the Americans with Disabilities Act. In addition, his termination was partially due to his age, according to the complaint.


Sartain seeks an order that he be awarded back pay and that Jet Specialty reasonably accommodate him. He also seeks compensatory damages and an order that the company be prohibited from participating in future discrimination against Sartain, plus attorneys’ fees and other relief the court deems just.


He is being represented by attorney William S. Hommel Jr. of Hommel Law Firm in Tyler.


U.S. District Court for the Eastern District of Texas case number: 2:14-cv-771


This is a report on a civil lawsuit filed at the U.S. District Court for the Eastern District of Texas. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it represents only one side of the story.

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