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Former Employee Alleges Packaging Giant Discriminated Based on Race and Disability

LOUISIANA RECORD

Saturday, November 23, 2024

Former Employee Alleges Packaging Giant Discriminated Based on Race and Disability

Federal Court
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A former employee has filed a lawsuit against a global packaging company, alleging racial and disability discrimination. Darrell Williams, the plaintiff, filed the complaint in the United States District Court for the Western District of Louisiana on September 6, 2024, against Berry Global, Inc.

Williams, a Black male hired as a Material Handler by Berry Global on December 15, 2020, claims he faced discrimination based on his race and disability. According to the complaint, Williams suffered a shoulder injury in May 2021 that required surgery and physical therapy. Despite informing his employer about his condition and need for medical leave, his requests were frequently denied by his supervisor Billy Pate. The company’s rigid attendance points system did not accommodate Williams' medical needs, leading to accumulated points that eventually resulted in his termination on May 11, 2022.

The Equal Employment Opportunity Commission (EEOC) investigated Williams' claims and found that Berry Global's stated reason for terminating him—excessive attendance points—was a pretext for discrimination. The EEOC concluded that Williams was terminated in retaliation for requesting accommodations under the Americans with Disabilities Act (ADA). Additionally, Williams alleges he was passed over for a promotion to Shift Supervisor in April 2022 due to his race and disability. The position was given to Ian Miles, a non-Black employee without disabilities who had less experience than Williams.

Williams is seeking several forms of relief from the court: back pay with interest, front pay, compensatory damages for emotional distress and other nonpecuniary losses, punitive damages for malicious or reckless discriminatory practices by Berry Global, pre-and post-judgment interest, reasonable attorneys’ fees and costs including expert fees. He also demands that Berry Global be required to implement training programs regarding race and disability discrimination and revise its attendance policy to accommodate disabled employees better.

Representing Darrell Williams are attorneys Philip Bohrer from Bohrer Brady LLC and Jay D. Ellwanger along with Madison Chilton from Ellwanger Henderson LLLP. 

The Case ID is 3:24-cv-01228.

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