MOUNDSVILLE — A Marshall County man is suing a Nebraska-based corporation, alleging disability discrimination.

Donald T. Boggess filed a lawsuit Sept. 1 in Marshall Circuit Court against Warren Distribution Inc., alleging violation of the West Virginia Human Rights Act.

According to the complaint, Boggess worked for Warren on the pack line between April 2011 and September 2014. The suit says Boggess took time off due to an eye condition and, upon his return to work from medical leave, he was subjected to discrimination and harassment due to his medical disability. 

As a result of defendant's actions, the lawsuit states Boggess has suffered lost wages and emotional distress. The plaintiff alleges Warren Distribution discriminated against him in terms of job duties, positions, shift assignment and other employment conditions. He was constructively discharged Sept. 5, 2014.

Boggess seeks trial by jury, all damages, litigation costs, attorney fees, reinstatement and all other relief. He is represented by attorney David L. Delk of Grove, Holmstrand & Delk PLLC in Wheeling.

Marshall Circuit Court Case number 16-c-167

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