EEOC Sues Berry Global and HHS for Disability Discrimination

Background:
The U.S. Equal Employment Opportunity Commission (EEOC) has filed two federal lawsuits against Berry Global, Inc., a prominent player in the plastic packaging industry, and Hospital Housing Systems, LLC (HHS), a provider of essential services to healthcare facilities. These lawsuits allege that both companies violated the Americans with Disabilities Act (ADA) by unlawfully terminating employees due to their disabilities.

Case 1: Berry Global, Inc.
According to the EEOC’s lawsuit, Berry Global discovered that an employee with depression had used three days of accrued personal time off (PTO) to manage her condition. In response, the company placed her on Family Medical Leave Act (FMLA) leave, even though she had only used her PTO. Additionally, Berry Global required a doctor's note for her return to work, penalized her with attendance points for her absences, and subsequently terminated her employment when she couldn’t immediately provide the requested note. The company failed to follow its own policy of making reasonable adjustments for employees with disabilities.

Case 2: Hospital Housing Systems, LLC (HHS)
In a separate case, HHS, a healthcare service provider, terminated a blind employee two days after he fell at work. Despite the fact that he was uninjured and had demonstrated strong job performance for over a year, HHS discharged him solely due to his disability. The company did not reassess his capabilities or make reasonable accommodations, as required under the ADA.

Settlement:
The EEOC filed both lawsuits in the U.S. District Court for the Middle District of Tennessee, Nashville Division. The lawsuits seek monetary relief for both former employees, including back pay and compensatory and punitive damages. Additionally, the EEOC is pushing for injunctive relief to prevent future disability discrimination at both companies.

Key Takeaways:

1. Berry Global: Terminated an employee for using personal time to manage a medical condition and penalized her without following internal policies on disability adjustments.
2. HHS: Fired a blind employee after a minor incident at work without reassessing his abilities or making accommodations.
3. Americans with Disabilities Act (ADA): Both cases underscore the importance of ADA compliance, which requires employers to provide reasonable accommodations and prohibits discrimination based on disability.
4. Employer Responsibility: Companies must ensure policies are in place to support employees with disabilities and avoid unlawful practices that could lead to discrimination claims.

Conclusion:
These cases highlight the need for employers to create inclusive workplaces that accommodate individuals with disabilities. Both Berry Global and HHS face serious legal consequences for failing to comply with the ADA. Employers are encouraged to review their disability policies to prevent similar issues and ensure they are adhering to federal law.

Recommendation:
Organizations should prioritize disability awareness training and ADA compliance. Implementing proper training programs, including workshops on managing disabilities in the workplace, can help prevent discrimination and create a supportive environment for all employees.