A new lawsuit has been filed alleging severe violations of the Americans with Disabilities Act (ADA) by a major packaging company. Gustavo Chaves Forero, the plaintiff, filed a complaint against Pactiv, LLC d/b/a Pactiv Evergreen in the United States District Court for the Northern District of Illinois on June 17, 2024.
Forero claims that Pactiv Evergreen discriminated against him due to his disability, failed to accommodate his medical needs, and retaliated against him for seeking reasonable accommodations. According to the court documents, Forero was hired as a packer on February 21, 2024. His job responsibilities included packing cups and tweaking machines for efficiency. Forero suffers from Type 1 Diabetes and hypoglycemia, conditions that require him to have immediate access to glucose tablets to manage his blood sugar levels. Without these tablets, he risks seizures, coma, or even death.
Despite informing his trainers and supervisors about his condition and requesting permission to carry glucose tablets on multiple occasions, Forero's requests were repeatedly ignored. He was only allowed to carry a clear water bottle while working. On February 29, 2024, Forero escalated his request by emailing Ronald Brand, Head of Human Resources at Pactiv Evergreen. He reiterated the critical need for glucose tablets and highlighted the potential life-threatening consequences of not having them readily available. Again, he received no response.
Forero continued to seek help from HR representatives in person but was met with empty promises that they would get back to him. Frustrated and fearing for his safety due to the lack of accommodation for his medical condition, Forero felt compelled to resign on March 8, 2024—a move he describes as constructive discharge due to intolerable working conditions.
The lawsuit accuses Pactiv Evergreen of violating several provisions under the ADA by failing to provide reasonable accommodations and engaging in discriminatory practices based on disability. The complaint outlines three counts: Disability-Based Discrimination, Failure to Accommodate under ADA regulations, and Retaliation for requesting accommodations.
Forero is seeking various forms of relief from the court including back pay with interest, front pay for future lost earnings, compensatory damages for emotional distress and loss of enjoyment of life, punitive damages for willful misconduct by Pactiv Evergreen, as well as attorney’s fees and costs associated with bringing this action.
Representing Forero are attorneys Nathan C. Volheim and Sophia K. Steere from Sulaiman Law Group Ltd., located in Lombard, Illinois. The case has been assigned Case ID: 1:24-cv-05011.