TYLER - A 74-year-old security guard has filed a lawsuit against his former employer after he was allegedly fired for not being able to handle the job position.
Claiming age discrimination, James C. McClain filed suit against C-Rock Inc., doing business as Security Staffing, on Oct. 6 in the Eastern District of Texas, Tyler Division.
McClain was hired by Citadel Security in April 2004 as a security guard for their facility in Athens. In 2007, Citadel Security was acquired by the defendant.
McClain states that he and other older employees were subjected to derogatory comments about their age. He was terminated in Dec. 2010 because he was "too old and could no longer handle the position."
The defendant is accused of age discrimination, violation of the Age Discrimination in Employment Act and violation of the Fair Labor Standards Act.
McClain is seeking damages for back pay, interest, front pay, pecuniary losses, emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, punitive damages, attorney's fees and court costs.
The plaintiff is represented by Mark Anthony Acuna and Alan Braun of Davis Law Firm in San Antonio. A jury trial is requested.
U.S. District Judge Leonard E. Davis is assigned to the case.
Case No. 6:11-cv-00527