HOUSTON - Complaining he was in line for a lucrative position only to lose out because of his disability, Kennewick, Wash., resident Michael A. Cannon seeks damages.

A lawsuit filed Aug. 16 in Houston federal court shows that Jacobs Field Services North America Inc. withdrew its field engineer job offer to Cannon when it learned he could not use his right arm.

Cannon, 56, applied for the position and was presented with a written job offer in June 2011, the suit says. 

He then attended a pre-placement physical examination at his employer's request the next month.

It was during the examination when the plaintiff disclosed that he had "a rotator cuff tendon impairment affecting his right arm and shoulder."

Despite the condition, according to the original petition, Cannon's medical records asserted that "if Cannon needed to reach above his head, he could use his left arm."

The suit further states that the respondent took him out of the running for field engineer after the physical, adding it "failed and refused to engage in any interactive process whatsoever to reasonably accommodate Cannon."

"The defendant even failed to notify Cannon of any perceived job requirements relied upon by the defendant," it says.

"Instead, it told Cannon that the job offer was withdrawn because he could not climb a vertical ladder."

Cannon unsuccessfully insisted he climbed vertical ladders without incident for more than 30 years as the respondent "failed to reinstate the job offer or discuss any accommodation even after all of this information was provided."

A jury trial is requested.

Attorney Worthy Walker of Elrod PLLC in Dallas is representing the complainant.

Case No. 4:13-CV-2410

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