Healthcare employee claims discrimination after losing job for cursing at patient

Michelle Massey, East Texas Bureau Jan. 19, 2011, 7:42am

LUFKIN - A 67-year-old former healthcare employee has filed a lawsuit that claims she was not terminated for cursing at a patient but terminated due to her age and race.

Claiming violations of her civil rights, Evelyn Jones filed suit against Westward Trail Operator, Westward Trails Rehabilitation and Healthcare Center on Jan. 6 in the Eastern District of Texas, Lufkin Division.

Jones, a 67-year-old African-American female, claims she was terminated as a result of her race or because of her age.

According to the complaint, Jones began working for Westward Trails in September 2001. She was suspended in August 2009 for allegedly cursing at a resident.

Jones states this allegation is untrue. But she was terminated a few days later.

She argues that younger and non-African-American employees had engaged in similar alleged infractions without being terminated.

She accuses the defendants of subjecting older and African-American employees to different terms and conditions of employment than younger and white employees.

The defendants are accused of violating Jones' civil rights and of violations of the Age Discrimination in Employment Act.

The plaintiff is asking the court to order the defendants to reinstate her with full pay or award back pay and front pay, plus an award of mental, emotional and psychological damages, lost pay, punitive damages, liquidated damages, attorney's fees and costs.

Jones is represented by Alex A. Castetter of Stuckey, Garrigan & Castetter in Nacogdoches.

A jury trial is requested.

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

Case No. 9:11-cv-00003

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