A Galveston County man is suing National Trench Safety over claims of employment discrimination following a foot injury.
Brandon Jolley filed a civil action complaint Sept. 2 in the Houston Division of the Eastern District of Texas against National Trench Safety LLC, alleging employment discrimination and gross negligence.
The complaint alleges that on Oct. 31, 2014, during his employment as a truck driver for National Trench Safety, Jolley injured his foot while stepping out of his truck and required surgery, which was performed on March 30.
Jolley's boss, Gary Martin, branch manager at the National Trench Safety Harris County branch, pressured Jolley to return to work immediately following his foot surgery, according to the complaint.
Martin did not allow Jolley to elevate his foot per doctor's orders, forcing Jolley to work in much pain, the complaint alleges.
The complaint further states that the defendant's denying reasonable accommodations for a disabled employee is an act of prohibited discrimination which resulted in Jolley's increased pain and swelling and prolonged suffering and healing, and the defendant's doing so maliciously illustrates gross negligence.
Jolley seeks actual, consequential, punitive, and exemplary damages, plus attorney fees and court costs.
He is represented by Marc Anson Bozeman of the Bozeman Law Firm in Houston.
Houston Division of the Eastern District of Texas case number 4:15-cv-02529