A man who filed a federal lawsuit this week against Red River Army Depot contractor XOTech alleges he was a victim of racial discrimination while on the job and a victim of retaliatory termination in 2018.
Damion White filed suit last week in the Texarkana Division of the Eastern District of Texas with the help of Austin lawyer Jay Ellwanger. According to the complaint, White began working in the depot's tire shop as an employee of XOTech in August 2017 and that he was wrongfully terminated in January 2018.
White alleges that while working in the tire shop, he heard black employees referred to as "monkeys" and with other strong racial slurs. White alleges that his white supervisor made racist and derogatory comments to him which he reported to another supervisor.
White alleges that he was offered the choice of moving to a day shift so that he would not have to work under the supervisor he accuses of racial discrimination, but that he was moved back to working the shift under the white supervisor with whom he took issue.
Because he was moved to the night shift at the last minute, plaintiff received a call about changing child care arrangements for his children. The same supervisor told Plaintiff to get off the phone, but Plaintiff said he was changing arrangements for his children and would hang up the phone in a second. The supervisor told him that it did not matter and he had to get off the phone. Plaintiff was written up for this incident," the complaint states. "The supervisor then sent an email about Plaintiff to all of his supervisors, saying that Plaintiff was not doing his job, was not working hard, was distracted, and was disrespectful. Prior to this incident, Plaintiff had never received a disciplinary write-up or warning about his behavior from this supervisor or any other supervisor."
White alleges he was fired Jan. 25, 2018, in retaliation. White alleges that while employed by OXTech he was subjected to discrimination, endured a hostile work environment and was the victim of retaliation.
The complaint alleges XOTech is guilty of violating federal civil rights laws and of violating th the Texas Employment Discrimination Act.
White is seeking a judgment declaring that XOTech has violated the federal and state anti-discrimination laws. He is also asking for a judgment awarding him back pay, front pay and compensation for lost benefits.
White wants XOTech to pay for his alleged emotional distress, humiliation, embarrassment and anguish. Examplary and punitive damages, meant to deter future similar conduct and punish the company for the alleged violations are sought as well.
White's complaint requests an injunction from the court ordering XOTech to hold trainings conducted by an outside vendor for its staff concerning discrimination and implicit bias, discipline for any supervisor found to have engaged in discrimination and compliance monitoring by the court or another federal agency.
Court records show XOTech has not yet been served with a copy of White's complaint. The case is assigned to U.S. District Judge Robert Schroeder III.