Disability Discrimination Lawsuits Filed Against Berry Global and Hospital Housing Systems

Background:
Two prominent companies, Berry Global, Inc. and Hospital Housing Systems, LLC (HHS), face federal lawsuits for allegedly discriminating against employees with disabilities. These lawsuits, filed by the U.S. Equal Employment Opportunity Commission (EEOC), claim that both companies violated the Americans with Disabilities Act (ADA) by unlawfully terminating employees due to their disabilities.

• Berry Global Incident:
  Berry Global, a Fortune 500 company in plastic packaging, allegedly forced a disabled employee to take leave under the Family Medical Leave Act (FMLA) after learning she had used three days of her personal time off (PTO) to manage depression. Despite the employee's attempts to comply with the company’s demands for a doctor's note, Berry Global penalized her with attendance points and later fired her. The company is accused of not following its own policy that allows attendance point adjustments for employees with disabilities.
• Hospital Housing Systems (HHS) Incident:
  In a separate case, HHS, a healthcare service provider, allegedly fired a blind employee two days after he fell at work, despite the fact that he was uninjured. According to the lawsuit, the employee had performed exceptionally well for over a year, and HHS failed to evaluate his ability to continue his duties before terminating him. The company is accused of terminating him solely based on his disability.

Settlement and Legal Action:
The EEOC filed both lawsuits in U.S. District Court for the Middle District of Tennessee, seeking monetary relief for the former employees, including back pay and compensatory and punitive damages. Additionally, the EEOC is pursuing injunctive relief to prevent future instances of disability discrimination at both Berry Global and HHS.

Key Takeaways:

• Violation of ADA: Both companies are charged with violating the ADA, which prohibits discrimination based on disability.
• Inconsistent Policies: Berry Global allegedly did not follow its own attendance policy, while HHS is accused of failing to reassess an employee’s ability to perform essential job functions after an incident.
• Legal Consequences: Both lawsuits seek financial compensation for the employees, including back pay and damages, and demand changes to company policies to prevent further discrimination.

Conclusion:
The lawsuits against Berry Global and Hospital Housing Systems highlight the ongoing issue of disability discrimination in the workplace. Employers are reminded of their responsibility under the ADA to provide reasonable accommodations and not penalize employees for their disabilities. These cases call for businesses to reexamine their practices and ensure compliance with federal laws protecting employees with disabilities.