NASHVILLE, Tenn. - Berry Global, Inc., a Fortune 500 leader in plastic packaging products, and Hospital Housing Systems, LLC (HHS), a provider of essential services to health care facilities, violated federal employment law when both companies unlawfully terminated employees because of their disabilities, the U.S. Equal Employment Opportunity Commission (EEOC) charged in separate lawsuits filed yesterday.

According to the EEOC, Berry Global violated federal law by forcing a disabled employee to take leave under the Family Medical Leave Act when it discovered the employee used three days of accrued personal time off (PTO) to manage her depression. Berry Global did not allow the employee to return to work without a doctor's note, while also penalizing her with attendance points for her absences. When the employee could not quickly produce a doctor's note, Berry Global failed to follow its own attendance policy, which allows for attendance points adjustments for employees with disabilities, and later fired the employee.

In a separate case, the EEOC charges that HHS unlawfully fired a blind employee two days after he fell at work, even though he was uninjured. Despite his exemplary performance for more than a year, HHS made no effort to reassess the employee's capabilities after the fall before firing him, in violation of its own company policy. HHS discharged the employee solely due to his disability, despite his ability to perform the essential functions of the job, according to the suit.

Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits discrimination on the basis of disability. The EEOC filed both lawsuits (EEOC v. Berry Global Inc., Civil Action No. 3:24-CV-01085 and EEOC v. Hospital Housing Systems Inc., Civil Action No. 3:24-CV-01086) in U.S. District Court for the Middle District of Tennessee, Nashville Division, after first trying to reach a pre-litigation settlement through its administrative conciliation process. The EEOC seeks monetary relief for the former employees, including back pay, and compensatory and punitive damages. The EEOC also seeks injunctive relief against Berry Global and HHS, designed to remedy and prevent future disability discrimination.

"On July 26, we celebrated the 34th anniversary of the ADA, the statute that promises equal opportunity for persons with disabilities," said Edmond Sims, acting district director of the EEOC's Memphis District. "These cases show that for many individuals with disabilities, that promise has yet to be achieved. No one should face termination simply because of a disability, and we will continue to hold employers accountable to the law."

For more information on disability discrimination, please visit https://www.eeoc.gove/disability-discrimination

The EEOC's Memphis District Office has jurisdiction over Tennessee, Arkansas, and Northern Mississippi.

The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.