Hispanic man believes he was not promoted because of race

Michelle Massey, East Texas Bureau Mar. 24, 2010, 10:40am

LUFKIN-A Hispanic male employee of Sam Houston Electric Cooperative claims he was more qualified for the position of electronics technician than the Caucasian candidate that was hired.

Acting as his own attorney, Argemiro Garcia filed suit against his employer on March 22 in the Lufkin Division of the Eastern District of Texas.

After his company hired a Caucasian male for the position in September 2007, Garcia complained to his managers of the discrimination. Thereafter, Garcia filed a discrimination charge with the Equal Employment Opportunity Commission.

Garcia applied for one of two open inspector positions in June 2008 but was not chosen.

Two Caucasian males were hired to fill the positions. Garcia states that his employer takes into consideration seniority of the applicants and he had more seniority than one of the people who was awarded the position.

The plaintiff claims he suffered adverse employment action because of his race/national origin in violation of U.S. law.

The plaintiff is seeking damages for actual and emotional damages, interest, punitive damages, court costs and attorney's fees.

U.S. District Judge Marcia A. Crone is assigned to the litigation.

Case No. 9:10cv00040

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