Shell
NEW ORLEANS – A Texas man is suing one of the largest oil companies in the world, alleging it violated federal discrimination laws in terminating his employment following a knee injury.
Plaintiff Isaac Thomas Henry Jr. filed his lawsuit against Shell USA Inc. and Danos LLC in the U.S. District Court for the Eastern District of Louisiana Feb. 25.
Henry’s nine-page complaint alleges the companies violated the Age Discrimination in Employment Act, or ADEA; the Americans with Disabilities Act, or ADA; and various Louisiana laws.
Henry, a resident of Beaumont, Texas, was hired by Danos in 2004 as a “staffing employee” to be assigned to its clients. Danos, located in Gray, Louisiana, provides land-based and offshore customers, like Shell, services including workforce staffing.
For nearly 18 years prior to the end of his employment with Danos in 2024, Henry claims he was assigned various Shell jobs by Danos. The last six years of Shell assignments were performed on the company’s Appomattox platform, located in the Gulf of Mexico.
On June 24, 2024, while working on the Shell platform, Henry alleges he experienced soreness in his left knee. He asked his supervisor, Sean Ebner, for permission to leave the platform earlier than scheduled to have his knee looked at by a doctor. Ebner agreed.
Henry left the platform by helicopter June 24, 2024 and was examined by a doctor June 25, 2024. He had his knee x-rayed and received a steroid injection, he claims.
He was set to return to the platform on July 10, 2024. However, on June 28, 2024, he alleges he received a call from Danos’ senior account manager, informing him that Shell required a return-to-work release from his doctor.
On July 2, 2024, Henry sent a document to Danos from his doctor stating he could return to work with no limitations July 8, 2024.
On July 5, 2024, Henry received another call from Danos, telling him Shell had released him from his contract with Shell because the company had “health concerns.” According to his complaint, Shell was concerned he may fall and hurt himself.
However, on Sept. 5, 2024, Danos notified the Louisiana Workforce Commission that it was laying off Henry due to a lack of work.
“Because Danos knew or should have known that Shell’s termination of Plaintiff was discriminatory and violative of the ADA and LSA-R.S. 23:323, but did not oppose the termination and failed to undertake prompt corrective measures within its control, Danos is also responsible and liable to Plaintiff for the disability discriminatory discharge and liable for damages to Plaintiff resulting from the illegal disability termination,” Henry’s filing states.
He contends Shell and Danos are liable for back pay, front pay, liquidated damages, punitive damages, emotional distress and mental anguish/damages, compensatory damages, general damages, and attorney’s fees.
Jones Tete Fonti & Balfour LLP in Lake Charles is representing Henry in the action.
