NASHVILLE (LN) — Magnera Corporation, formerly known as Berry Global, Inc., will pay $0.13 million and implement a four-year consent decree to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced.
According to the EEOC’s lawsuit, in January 2022, the company discriminated against an employee at its Old Hickory, Tennessee, location by requiring her to produce a doctor’s release clearing her to return to work after she took approved personal time off. Although the company’s onsite certified physician assistant cleared the employee to return to work, the human resources manager demanded the employee complete family medical leave paperwork even though she had not requested medical leave. The company fired the employee when she could not produce the requested paperwork, the EEOC said.
Later, during her deposition, the human resources manager testified that it was a violation of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) as well as the company’s attendance policy to require the employee to produce a doctor’s release clearing her to return to work after she took approved personal time off.
The EEOC filed its suit, EEOC v. Berry Global, Inc., Case No. 3:24-cv-01085, in U.S. District Court for the Middle District of Tennessee after first attempting to reach a pre-litigation settlement through its administrative conciliation process.
Besides monetary damages for the employee, the four-year consent decree settling the suit enjoins Magnera Corporation from engaging in any employment practices which discriminate against an employee on the basis of their disability. The company must engage interactive process to discuss reasonable accommodations as defined. The company is also enjoined from terminating any employee for disability-related absence without considering a reasonable accommodation.
The decree also requires Magnera Corporation to conduct annual training for its human resources personnel and supervisory staff involved in employment decisions at the Old Hickory, Tennessee, facility on measures to prevent disability discrimination, including an explanation of the ADAAA, its prohibition against discrimination based on employee’s disability or perceived disability, and responding to requests for accommodation.
"The EEOC commends Magnera Corporation's willingness and commitment toward resolving this lawsuit and implementing measures to protect the rights of its employees with disabilities," said Faye Williams, regional attorney for the EEOC’s Memphis District Office.
Delner Franklin-Thomas, director of the EEOC’s Memphis District Office, said, "Disability discrimination remains a persistent problem in the American workplace. We are pleased that Magnera Corporation's measures will go a long way toward preventing such discrimination."