Carol Ostrow Jun. 22, 2015, 8:28am


A Harris County resident filed a lawsuit against his Oklahoma-based employer claiming that its unlawful disability discrimination in 2013 cost him three-quarters of his retirement benefits and impacted his family’s well-being.

Troy Maierhofer filed a suit against BMI Systems Corporation d/b/a Imagenet Consulting LLC, doing business in Dallas, in the Houston Division of the Southern District of Texas on June 17, claiming disability law violation in a September 2013 employment matter.

According to the suit, the plaintiff is disabled as defined by the ADA, having incurred a neck and back injury on or about April 28, 2013, while at work. Maierhofer asserts that his injury limits standing, sitting and lifting, but that he is otherwise competent to perform his job.

The complaint states that Imagenet refused the plaintiff reasonable accommodations at work, even going so far as to allegedly deny him his pain medication. According to the filing, Maierhofer was terminated from his systems engineer position without reasonable cause.

Contending inability to seek other employment while his injury is unresolved, the plaintiff avers out-of-pocket expenses and medical bills. Maierhofer filed an EEOC complaint Sept. 4, 2013.

Alleging anguish and distress, sleeplessness, anxiety, headaches and facial tension, the plaintiff seeks injunctive relief, up to $100,000 in compensatory and punitive damages, reinstatement with back pay, all benefits and accommodations, promotion, salary increases, pre- and post-judgment interest, attorney’s fees, expenses, and costs. 

He is represented by Kevin Murray of Houston.

Houston Division of the Southern District of Texas Case 4:15-cv-01732

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