College employee alleges SF Austin guilty of disability discrimination

By Molly English-Bowers | Dec 28, 2015

MARSHALL -- A San Augustine man is suing Stephen F. Austin University, alleging disability discrimination in his workplace.

Timothy Dugger filed a lawsuit Sept. 10 in the Marshall Division of the Eastern District of Texas against Stephen F. Austin State University.

According to the complaint, Dugger has worked at the university since August 1999, eventually assuming the position of interim director of the Parking and Traffic Office, which he held until January 2011. Beginning in January 2014, the suit says, the plaintiff began receiving vague and negative performance evaluations, including written and orals reprimands.

The plaintiff said he met with the Human Resources Department, whose representative suggested he file a written grievance requesting the reprimands be removed from his personnel file. At the grievance hearing, his three-day suspension was reduced to one day. 

On Aug. 23, 2014, the suit says, Dugger injured himself at work, was examined and released to work light duty. His supervisor, however, told him he could not return to work until he was released for full duty, the complaint says. Others similarly situated were able to return to work, the plaintiff says.

The plaintiff is alleging disability discrimination, retaliation and violation of the Texas Labor Code. 

Dugger seeks lost earnings and benefits, compensatory damages, reinstatement to his former position of employment, attorney fees, court costs and a jury trial. He is represented by attorney is John E. Wall Jr. of the Law Offices of John E. Wall Jr. in Dallas.

Marshall Division of the Eastern District of Texas Case number 2:15-cv-01509-JRG

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