RockTenn CP, LLC formerly known as Smurfit-Stone Container Corporation, will pay $20,000 and furnish other relief to resolve a discrimination lawsuit filed by the EEOC.

According to the EEOC's complaint, Darren Fraley was hired by Smurfit-Stone as a third shift production supervisor on August 25, 2008. In February 2009, Fraley was hospitalized with a severe back condition. On February 17, 2009, Fraley informed Smurfit-Stone's senior human resources clerk that he had been hospitalized, was under a doctor's care and would require back surgery. Because of his short tenure at the company, Fraley was not eligible for disability leave. However, Fraley was erroneously placed on short term disability, effective February 2009. From February 2009 through July 2009, Fraley kept the HR clerk informed about his prognosis, condition, and return-to-work status.

The EEOC further alleged that on July 29, 2009, the HR clerk contacted Fraley and informed him that he had been mistakenly placed on short term disability for which he was ineligible and that he was being terminated effective August 1, 2009. Fraley objected to the termination and told the HR clerk that he was scheduled to be released to return to work the following week. On August 3, 2009, Fraley's doctor released him to return to work without restrictions, effective August 4, 2009. Smurfit-Stone refused to allow Fraley leave as a reasonable accommodation for his disability for the period from around July 29, 2009 until he was released to return to work around August 4, 2009. Rather, the company discharged Fraley because he could not return to work because of his disability.

In addition to monetary damages, the one-year consent decree resolving the lawsuit requires RockTenn to, among other things, conduct training on the requirements of the ADA and the inter­relationship between the ADA and other types of leave; distribute and maintain its formal, written anti-discrimination policy; and post a copy of its anti-discrimination policy at its facility in Latta, S.C. Defendant must also post an employee notice about the lawsuit at the Latta facility.