Housekeeper sues after losing job for inconclusive drug test

Michelle Keahey, East Texas Bureau Jan. 23, 2012, 9:42am

A housekeeper has filed a lawsuit against her employer alleging she was terminated over an inconclusive drug test.

Claiming the inconclusive results were a pretextual reason for a termination, Marie L. Wilson filed suit against GP Industrial Contactors Inc. on Jan. 17 in the Eastern District of Texas, Beaumont Division.

Wilson was employed for nearly four years as a housekeeper by GP Industrial Contactors on a project at the Motiva Plant in Port Arthur.

According to the lawsuit, Wilson complained to management that a co-worker was harassed and terminated based on her race. Wilson had told the co-worker that she would testify against GP Industrial in a claim to the Equal Employment Opportunity Commission.

The co-worker filed the EEOC complaint and GP terminated Wilson's employment on Nov. 3 after an inconclusive finding on a drug test, the suit claims.

The contact between Motiva and GP Industrial states that an inconclusive drug test should result in a retest rather than a termination. Wilson requested a retest, but alleges GP would not let her have one.

The defendant is accused of violating Wilson's civil rights as reporting unlawful discrimination based on race is a protected activity.

The plaintiff is seeking an award of damages for back pay and front pay, compensatory damages including emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, exemplary damages, attorney fees and court costs.

Wilson is represented by Kenneth W. Lewis and Stephen L. Townsend of Bush Lewis PLLC in Beaumont.

A jury trial is requested.

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

Case No. 1:12-cv-00035

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