Continuance sought in discrimination suit set for July trial

David Yates Jun. 10, 2013, 4:39pm

A motion for a continuance has been filed in litigation brought by a black man, who claims he lost his job at Axion Logistics because of the color of his skin.

As previously reported, Kenneth Morgan filed a lawsuit May 23, 2012, 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.

However, on May 9 the plaintiff filed a motion for continuance, requesting that the case be reset for October.

The motion states the defendant does not agree with the motion.
As of June 10, no ruling is on file, court papers say.

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.

In his suit, 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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