Carol Ostrow Jun. 30, 2015, 11:45am


A Gregg County resident filed a lawsuit against his company for alleged employment law infringements in his 2013 dismissal.

Gerardo Martinez filed a complaint against JDW Services Inc. in the Marshall Division of the Eastern District of Texas on June 25, claiming violation of disability law.

Employed since July 1985 as a skilled laborer, Martinez suffered a seizure while at work and was diagnosed with epilepsy. The suit states that when he experienced another seizure in September 2013, JDW was made aware of his condition and his resulting physical limitations.

The complaint alleges that after years of being able to perform his job with accommodations, the plaintiff was terminated on Oct. 17, 2013, allegedly because of those restrictions.

According to the suit, a charge of employment discrimination on the basis of disability was filed with the Equal Employment Opportunity Commission (“EEOC”) and the plaintiff received notice of the right to sue on March 28.

Contending that JDW failed to make any good faith effort to accommodate the plaintiff, Martinez claims that the firm acted with malice or reckless indifference to his rights.

Claiming monetary loss, anguish and diminished enjoyment of life, the plaintiff seeks injunctive action, declaratory judgment, back pay, compensatory damages, attorney’s fees, expenses, and costs. 

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

Marshall Division of the Eastern District of Texas Case 2:15-cv-01166

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