African American man claims race, age factors in double firings

HOUSTON - According to a recent lawsuit, Harris County resident James Green alleges Austin Industrial Inc. fired him twice because of his race and age. 

Green, a 40-year-old African American, explains in court papers filed Sept. 28 in Houston federal court that his stints of employment with the company were marked by "unlawful employment practices."

The defendant originally hired Green in March 2007 as a boilermaker to be assigned to its Lubrizol plant.

He was certified as a combo welder with a pay rate of $27.30 an hour, a position of high rank, in July 2007.

The original petition explains that Austin Industrial terminated Green in February 2008 and replaced him with a Hispanic man who reportedly was less qualified and had no certification.

Green claims he subsequently applied for another combo welder job, but his previous employer purportedly lied about his time working there which prompted the prospective employer to hire a younger, non-African American male.

The events in question caused Green to file a federal lawsuit.

A stay in that litigation occurred and Austin Industrial rehired Green at its GB Bioscience site in May 2008.

Green worked for the defendant until Jan. 27, 2011, when he was dismissed as part of "a reduction of force."

According to the suit, "inaccurate" information about his performance and quality of work led to Green's termination.

Meanwhile, the defendant hired a Caucasian male in his place.

Consequently, Green seeks unspecified monetary damages and a jury trial.

He is represented by attorney Lance C. Hamm of Houston.

Case No. 4:12-cv-2908