Mark Trammell Sep. 22, 2015, 2:20pm


A Harris County man is suing a technology business, alleging termination and discrimination due to violation of the Americans with Disabilities Act.

Kevin Howington filed a lawsuit Aug. 31 in the Houston Division of the Southern District of Texas against FMC Technologies Completion Services Inc. of Dallas.

According to the complaint, Howington has been a sales account manager at FMC Technologies since March 2014 and has 20 years experience in sales of flow back operations, and was hired to work on a start-up company to that end for FMC, with no sales goals. The suit says his main goal was to establish new contacts for future sales and he also was tasked to find a shop for FMC to conduct future operations.

In summer 2014, the lawsuit states, Howington asked for a day off to care for his disabled mother, then in the first week of November, he asked for time off to arrange for skilled nursing home care for his mother, and took said time off Nov. 2, 2014, on emergency leave.

The suit says on Dec. 4, 2014, the plaintiff was terminated, and told it was because "things were not working out." Howington alleges that, prior to this, he had offered up seven quotes for potential sales clients but FMC did not take him up on any of said offers, and closed none of said sales.

The defendant then hired someone who produced no sales but was also not associated with any disabled person, the suit says.

The plaintiff alleges he was fired due to his association with a disabled person, a clear violation of the Americans with Disabilities Act, which caused him to lost income.

Howington seeks back pay, future pay, liquidated and exemplary damages, interest, court costs, attorney fees and any other remedies the court sees fit. He also seeks a jury trial. He is represented by attorney Stanley P. Santire of the Santire Law Firm in Houston.

Houston Division of the Southern District of Texas case number 4:15-CV-02510.

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