Disabled veteran files discrimination lawsuit against temporary staffing company

Michelle Keahey, East Texas Bureau Feb. 20, 2012, 10:23am


A disabled veteran has filed a discrimination lawsuit against a temporary staffing company after he was allegedly terminated from his position due to his disability.

Lathon Gardovsky filed suit against Hagemeyer North America Inc. and TAC Professional Staffing Services Inc., doing business as Advantage Staffing, on Jan. 17 in Orange County District Court. The defendant removed the case to the Eastern District of Texas, Beaumont Division.

Gardovsky was employed by the defendants at the Dupont Sabine River Works facility for approximately three months. In June, he was informed that Hagemeyer North America wanted to make him a full time employee and Gardovsky claims he filled out the necessary paperwork.

According to the lawsuit, when his supervisor reviewed the documents he questioned Gardovsky about his status as a disabled veteran. Gardovsky claims he explained his disability and stated that it would not limit his ability to do his job.

The suit states the supervisor allegedly replied, "If I would have known you were disabled, I would not have hired you."

ten days later, Gardovsky was terminated, the suit states.

The court documents state that Gardovsky informed the professional staffing company of the statements and they refused to investigate the matter.

The defendants are accused of discriminating against Gardovsky, causing him to suffer adverse employment action, treating non-protected employees differently and for ultimately terminating him as a result of being a disabled veteran, despite his ability to fully perform his job.

The defendants are also accused of intentional infliction of emotional distress and tortious interference.

The plaintiff is asking for an award of damages for back pay, emotional pain, front pay, inconvenience, interest, loss of enjoyment of life, mental anguish, loss of benefits, attorney's fees and court costs.

Gardovsky is represented by Jim Sharon Bearden Jr. of The Bearden Law Firm in Orange.

U.S. District Judge Thad Heartfield is assigned to the case.

Case No. 1:12-cv-00075

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