Racial discrimination case against LNVA transferred to federal court

By Michelle Keahey, East Texas Bureau | Jun 3, 2012


TYLER - A former employee of the Lower Neches Valley Authority has had his discrimination lawsuit transferred to federal court.

As the Record previously reported, Rodney Bushnell filed suit against Lower Neches Valley Authority (LNVA) on April 24 in Jefferson County District Court. The defendant removed the case to the Eastern District of Texas, Tyler Division on May 29.

Bushnell was hired by the defendant in April 1973 as a laborer. He claims that he was subjected to 20 years of discrimination. Bushnell alleges he was terminated for complaining about being subjected to racist taunts and threats of violence on the job.

At the time of his termination, he was 60 years old and five years away from obtaining full retirement benefits. He claims his age was a factor in his termination.

The defendant is accused of treating black employees as "second-class citizens," according to the suit.

Causes of action filed against the LNVA include employment discrimination, retaliation, and age discrimination.

The plaintiff is asking for an award of damages for back pay, compensatory damages, front pay, liquidated damages, loss of pension benefits, interest, court costs and attorney's fees.

Bushnell is represented by Springs attorney Kristen Capps and Houston attorney David J. Quan.

James D. Ebanks and Christian R. Johnson of Ebanks Horne Rota Moos LLP in Houston are representing the LNVA.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 1:12-cv-00261

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