Michelle Keahey, East Texas Bureau Feb. 5, 2013, 9:10am

SHERMAN - A female assembly worker has filed a lawsuit against Peterbilt claiming that she was terminated for taking maternity leave.

Kelly Michele Wagner filed suit against Peterbilt Motors Co. on Jan. 29 in the Eastern District of Texas, Sherman Division.

Wagner worked for Peterbilt from March 2004 to August 2006 and again from April 20011 to June 2012. Most recently, Wagner was working as an assembly specialist, according to the suit.

Wagner claims she was laid off the day after she returned from maternity leave on the pretext of not being able to lift 125 pounds as part of a test.

“She was in fact fired for taking leave for her pregnancy,” the lawsuit states.

The defendant is accused of violating Wagner’s civil rights by gender and pregnancy discrimination and retaliation and violation of the Family and Medical Leave.

The plaintiff is seeking an award of damages for lost earnings and benefits, loss of earning capacity, pecuniary losses, emotional pain, suffering, inconvenience, loss of enjoyment of life, mental anguish, physical distress, exemplary damages, liquidated damages, statutory damages, interest, court costs and attorney’s fees.

Wagner is represented by Theodore C. Anderson and D. Elizabeth Masterson of Kilgore & Kilgore in Dallas. A jury trial is requested.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:13-cv-00052

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