David Yates Nov. 5, 2012, 8:55pm

Next summer, litigation brought by a black man, who claims he lost his job at Axion Logistics because of the color of his skin, will go to trial. 

As previously reported, Kenneth Morgan filed a lawsuit May 23 in Jefferson County District Court against Axion Logistics.

Court records show that on Oct. 24 a discovery control plan order was entered in the case, calling for litigation to be mediated before June 17, 2013, or face a July trial.

According to his suit, Morgan alleges he lost his job on Sept. 7, 2011, after he had incorrectly completed a timesheet on Sept. 1, 2011. However, a Caucasian female co-worker had also submitted an incorrect timesheet with no consequence, Morgan alleges.

After firing Morgan, Axion hired a white male in his place, the suit states.

“Plaintiff believes he was discriminated against and terminated because of his race, Black, his gender, male, and was retaliated against for filing a claim with the NAACP, in violation of the Texas Commission of Human Rights Act,” the complaint says.

Because of his job loss, Morgan claims he lost wages and employee benefits and suffered mental anguish.

Morgan seeks actual, compensatory and exemplary damages, plus costs, attorney’s fees, pre- and post-judgment interest at the highest rate allowed by law and other relief the court deems just.

E. Hart Green of Weller, Green, Toups and Terrell in Beaumont and Cindy McClendon of Orange represents him.

The case is assigned to Judge Bob Wortham, 58th District Court.

Case No. A192-483

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