Major prison lands in court over discrimination claim

FLORENCE — A former prison guard for one of the largest private prisons in the Southwest is suing his employer for wrongful termination following a fight with an inmate.

Robert McDonald joins other recent plaintiffs who have filed workplace discrimination complaints against Corrections Corporation of America, a Maryland-based company that operates prison facilities in Eloy, Florence and elsewhere under contracts with local and federal agencies.

In his complaint, McDonald states that the company hired him in July 2006. At the time, he notified company officials that he had a disability. The complaint does not disclose any details about his condition.

In November 2006, McDonald claims his supervisor told him that he was a “security threat” because of his disability, the complaint says.

In June 2007, McDonald claims he filed a formal grievance with the company over discriminatory treatment he allegedly received due to absences.

On July 2, 2007, McDonald was assaulted by an inmate while he was on-duty, the complaint states. Two days later, the company terminated him without notice based on a policy violation that arose during the scuffle, according to the complaint.

But the real reason, McDonald claims, was because he was disabled. Other employees who faced similar circumstances and were not disabled were not fired, he claims.

As a result, McDonald filed charges against the company with the Arizona Civil Rights Division in September 2007. The office investigated the matter and found that he had the right to sue.

McDonald claims the company violated his Civil Rights and defamed him by giving two prospective employers, the Gila River Indian Community and the state Department of Corrections, negative information about him during the application process.

Tempe lawyer Tamra Facciola is representing McDonald in Pinal County Superior Court.

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>>Email the editor at aklaw@zoniereport.com.

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