MARSHALL - A Beaumont worker has filed a lawsuit against his former employer claiming he was fired as a result of racial discrimination and not because he received two violations. 

Joseph L. Fowler Sr. filed suit against Timber Rock Railroad on Aug. 14 in the Eastern District of Texas, Marshall Division.

Fowler, an African-American, worked for the defendant as an engineer since June 2004.  He was discharged from his employment on Feb. 20, 2013, after receiving a second violation. According to the lawsuit, the plaintiff was supposed to receive five days off with no pay upon committing an alleged second violation.

Fowler states that his supervisor stated he should “resign with a good record” and thereby he was constructively terminated.

“Plaintiff is informed and believes that he was terminated based upon his race and age so that Defendant TRR could deny him his full retirement benefits,” the lawsuit states.

The defendant is accused of violating Fowler’s civil rights.

The plaintiff is seeking an award of damages for loss of wages, insurance benefits, loss of earnings, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, emotional distress, embarrassment, disappointment, indignation, shame, despair and public humiliation, liquidated damages, punitive damages, interest, court costs and attorney’s fees.

Fowler is represented by Atlanta, Ga., attorney Kimberly Bandoh.

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

Case No. 1:13-cv-00515

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