MARSHALL — A Panola County truck driver is suing a construction business, alleging disability discrimination and violation of civil rights.
Kurt Borens filed a lawsuit Sept. 7 in the Marshall Division of the Eastern District of Texas against D. Courtney Construction Inc., alleging violation of Title VII of the 1964 Civil Rights Act.
According to the complaint, Borens, who began work as a truck driver for D. Courtney Aug. 19, 2015, was diagnosed with prostate cancer in November 2015. On Dec. 7, 2015, the suit says, Borens informed the company he would be having surgery and he would be unable to work for approximately six weeks.
A week later, the lawsuit states, Borens was terminated because he was unavailable for work due to his surgery. The plaintiff alleges D. Courtney Construction failed to undertake any good faith efforts to identify and make a reasonable accommodation for an employee.
Borens seeks trial by jury, an order for the defendant to reasonably accommodate him, compensatory damages, attorney fees, expenses, costs of action and all other relief as is just and proper. He is represented by attorney William S. Hommel Jr. of Tyler.
Marshall Division of the Eastern District of Texas Case number 2:16-cv-00998-JRG