Company Fired Employee Because of Back and Leg Problems, Federal Agency Charged
INDIANAPOLIS -- The U.S. Equal Employment Opportunity Commission (EEOC) announced today it has filed a disability discrimination lawsuit against Americold Logistics, LLC, an Atlanta-based global provider of temperature-controlled warehousing and logistics to the food industry.
According to the EEOC's suit (Civil Action No. 4:12-cv-47-M) filed in U.S. District Court for the Western District of Kentucky, Owensboro Division), Americold failed to accommodate the disability of Patricia Berry, an employee at Americold’s Sebree, Ky., facility. Berry has chronic lumbar back pain with radiculopathy into her legs. Further, the EEOC said, Americold held Berry to different terms and conditions of employment and then fired her based on her disability.
Disability discrimination violates the Americans with Disability Act (ADA). The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. In its suit, the EEOC seeks back pay as well as compensatory and punitive damages for Berry and injunctive relief.
“The disparate treatment of an employee based his or her disability violates the very core of the ADA,” said EEOC Indianapolis District Office Regional Attorney Laurie Young.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on the agency’s web site at www.eeoc.gov.