WestRock Employee Wins $9.5 Million in Disability Discrimination Lawsuit

A former employee of WestRock, a leading cardboard packaging manufacturer, has been awarded $9.5 million by a jury in a disability discrimination lawsuit. The case sheds light on the challenges and unlawful treatment workers with disabilities may face in the workplace.

Lowry McCray, 27, sued WestRock for disability discrimination, wrongful termination and retaliation. He claimed that the company used a pretextual reason to terminate his employment. The employer retaliated against him for making complaints about the discrimination he faced and taking a protected medical leave of absence. 

McCray’s specific disability discrimination allegations against WestRock included failure to provide reasonable accommodation, not engaging in the interactive process, and failure to take steps to prevent disability discrimination. The lawsuit was filed in the U.S. District Court for the Central District of California.

McCray worked as a distribution specialist coordinator in the company’s beverage division. During his employment, he got positive performance reviews. In 2017, McCray was transferred to a warehouse in La Mirada run by a third party.

The heart of McCray’s lawsuit lies in the aftermath of his request for a medical leave of absence in September 2020. He cited a diagnosed mental health condition that affected his ability to perform his job duties. In an email to the employer, McCray said he intended to return to work in July 2021. 

However, a month before his planned return, a WestRock human resources employee told McCray he was being fired. In April 2021, WestRock said it was eliminating McCray’s position as part of a long-term business plan but did not inform him right away. The employer maintained that it never filled McCray’s position throughout his leave.

McCray’s email also mentioned “perceived adverse discrimination in the workplace.” Additionally, he requested reasonable accommodations that included reporting only to his direct supervisor and limiting contact with the onsite general manager.

According to the lawsuit, WestRock failed to investigate the unfair workplace treatment that McCray faced. Specific instances of discrimination, such as actions taken by one of McCray’s bosses, underscored the hostile work environment he endured. The boss prohibited McCray from using the men’s restroom, removed his printing privileges and deliberately caused problems with at least one of his shipments.

Despite McCray’s efforts to communicate with WestRock about his disability and give updates throughout his treatment, the company claimed he did not provide any related documentation or information. Additionally, the employer said it was unaware that McCray was receiving mental health treatment for harassment. 

Under the California Family Rights Act and the Family and Medical Leave Act, it is unlawful for employers to fire workers who take medical leave. Workers also have a right to return to their same job or a comparable position at the company after taking medical leave.

The jury’s verdict in favor of McCray consisted of $9.5 million in compensatory and punitive damages, reflecting the severity of WestRock’s actions. The compensation accounts for various losses incurred by McCray, including economic and noneconomic damages. Moreover, punitive damages of over $5.4 million were awarded due to the jury’s determination that WestRock had behaved in a manner that was malicious, oppressive or fraudulent.

McCray’s case is not the first time WestRock has faced allegations of unlawful treatment against its employees. Previous complaints of disability discrimination against the employer further underscore the need for accountability and change.

When a worker with a disability requests reasonable accommodation to continue working, employers have a duty to engage in what is known as an interactive process. The interactive process involves discussions between the worker and employer about the available options for accommodations.

A disability does not have to be physical for an employee to request reasonable accommodations. California’s Fair Employment and Housing Act provides a broad definition of what qualifies as a disability. Invisible mental conditions can affect a worker’s productivity and may also be considered a disability.

If you have been subjected to disability discrimination at work, reach out to an experienced San Francisco employment lawyer. Workers have important rights when it comes to requesting and receiving reasonable accommodations. While McCormack Law Firm was not involved with this case, we have extensive experience helping workers fight unlawful treatment related to their disability and defending those who have been illegally fired for taking medical leave.

Determining when an employer is required to provide reasonable accommodations can be challenging. Contact McCormack Law Firm today for a free initial consultation. We are available to answer all your questions and advise you of your legal options.