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SOUTHEAST TEXAS RECORD

Tuesday, March 19, 2024

Military veteran alleges firing by Union Pacific Railroad due to PTSD

Lawsuits
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HOUSTON — A U.S. military veteran who suffers from post traumatic stress disorder (PTSD) and worked for Union Pacific alleges he faced harassment from coworkers and was wrongfully terminated. 

David Gardner filed a complaint Nov. 19 in the Houston Division of the Southern District of Texas against Union Pacific Railroad Co., alleging violation of the Americans with Disabilities Act (ADA). 

According to the complaint, Gardner began working for Union Pacific in 2014. The suit states beginning in 2015, he was "harassed by coworkers" and that the harassment made his PTSD worse and he required medical leave in May 2015. 

When Gardner returned to work in January 2016, he alleges his co-workers filed a "bogus complaint" against him that was not "adequately" investigated. The suit states he was removed from service, told to undergo a medical exam and asked to release his medical records, and when he refused he was terminated. 

Gardner seeks monetary relief, trial by jury, interest, attorney fees, all relief available under the ADA and all other just and equitable relief. He is represented by attorney Marc Zito of The Jones Granger Law Firm in Houston. 

Houston Division of the Southern District of Texas case number 4:19-CV-04534

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