A lawsuit from the U.S. Equal Employment Opportunity Commission accuses plastic packaging maker Berry Global Group Inc. of unlawfully firing a disabled employee at its Nashville plant.
In a Sept. 11 news release, EEOC said it filed a civil lawsuit in federal court in Nashville alleging that Berry didn't follow its own attendance policy and violated the Americans with Disabilities Act when it fired a longtime employee who had taken personal time off work because of her depression.
Berry said it does not comment on active litigation.
The EEOC said the company wrongfully forced the employee to use a federal medical leave law.
"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," the EEOC said. "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."
The federal agency accused Berry of not following its own procedures.
"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," the EEOC said.
The lawsuit, filed Sept. 10, fills in some details.
It said Berry hired the employee in February 2013 as a production operator and described her as an "exemplary employee" who was promoted several times. The lawsuit said the employee told Berry about her depression on her job application.
In March 2019, it said the employee suffered a panic attack at work and was transported to a psychiatric care facility where she remained overnight. Because of that incident, Berry required the employee to complete FMLA paperwork, the lawsuit said.
The employee was subsequently promoted, in July 2021, to expert operator leading a team on weekend overnight shifts.
In mid-January 2022, she requested and was granted three days of personal time off work because of her depression.
Berry said the time off qualified for FMLA and required a doctor's note to clear her to return to work, but the lawsuit said the employee did not request FMLA and did not have a personal care physician: "As a result, finding a physician to clear her to return to work was difficult."
The employee was unable to return to work for several weeks, although an onsite physician assistant at the Berry plant cleared the employee to resume working in mid-February and questioned the need for a doctor's note, according to the lawsuit.
The employee returned to work Feb. 11 but was later discharged in March for violating Berry attendance policies, the lawsuit said.