Retraction of job offer due to diabetes violation of rights, suit alleges

Michelle Massey, East Texas Bureau Jul. 13, 2010, 10:54am

The retraction of a job offer due to medical documentation of uncontrolled diabetes is a violation of his constitutional rights, Jackson Jones argues in a recently filed lawsuit.

Jackson V. Jones Jr. filed suit against Kansas City Southern Railway Co. and Dr. William J. Till on July 1 in Eastern District of Texas, Beaumont Division.

Jones states that he was tentatively offered a position as a track laborer with KCS in May 2007. He reported to the defendant's doctor, Dr. Till, for the required physical examination.

At the conclusion of the examination, Jones was diagnosed with having uncontrolled diabetes. He states Dr. Till advised him to see his personal physician and get his blood sugar under control and then provide documentation.

Jones states he complied with the requests and sought treatment for the diabetes and provided written documentation by June 2007.

According to Jones' allegations, he attempted to contact Dr. Till and the medical review department on several occasions and he was informed he would receive a written notification of the results of the review.

The plaintiff states that it was not until June 2009 that he discovered Dr. Till provided the defendant with the physical examination records that stated he had uncontrolled diabetes, even though Jones had provided records of his diabetes treatment.

"The defendant Kansas City Southern Railway Company negligently and wrongfully withdrew the offer of employment on the basis that plaintiff could not perform the job because plaintiff's diabetes was uncontrolled," the lawsuit states.

Jones is acting as his own attorney and is requesting a jury trial.

He is asking for more than $100,000 in lost wages, plus interest and costs.

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

Case No. 1:10cv00380

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