Case 4:20-cv-03874 Document 1 Filed on 11/13/20 in TXSD Page 1 of 9
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`UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
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`§ CASE NO. 4:20-cv-3874
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`LIBIA ROJO
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` Plaintiff,
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`v.
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`SANDERSON FARMS, INC.
`(PROCESSING DIVISION)
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` Defendant.
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`Plaintiff Libia Rojo, by and through counsel, hereby files suit against Defendant Sanderson
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`Farms, Inc. (Processing Division) (“Sanderson”) for violation of the Americans with Disabilities
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`Act of 1990, 42 U.S.C. §§ 12101, et seq., (“ADA”). When Plaintiff Libia Rojo – a 20-year
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`employee with a good work history—sustained an on-the-job injury and disability, Sanderson
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`refused to provide a reasonable accommodation that would have allowed her to continue working.
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`Instead, Sanderson forced her onto leave without pay, which continues to this day.
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`JURISDICTION AND VENUE
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`1. This Court has jurisdiction to hear and decide Ms. Rojo’s ADA claim pursuant to 28
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`U.S.C. § 1331 (federal question) and 1343(a)(4) (civil rights).
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`2. Venue is proper in this Court under 28 U.S.C. § 1391(b)(1) and 1391(c), as Defendant
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`Sanderson has extensive and deliberate contacts in this District and Division, including a
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`Sanderson Farms poultry processing plant located at 2000 Shiloh Ave., Bryan, Texas 77803, at
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`which Ms. Rojo worked during her tenure with Defendant.
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`PARTIES
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`3. Ms. Rojo is an individual residing in Brazos County, Texas.
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`Case 4:20-cv-03874 Document 1 Filed on 11/13/20 in TXSD Page 2 of 9
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`4. Defendant Sanderson Farms is a domestic corporation formed and existing under the laws
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`of the State of Texas, which does business in Brazos County and which has a poultry processing
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`plant in Bryan, Texas, at which Plaintiff was employed. Defendant Sanderson Farms may be
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`served with process by serving its registered agent, CT Corporation System, 1999 Bryan St., Ste.
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`900, Dallas, Texas 75201.
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`ADMINISTRATIVE EXHAUSTION
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`5. Ms. Rojo has exhausted the administrative remedies available to her, and all conditions
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`precedent have occurred or been performed.
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`6. In particular, Ms. Rojo filed a charge of discrimination with the U.S. Equal Employment
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`Opportunity Commission (“EEOC”) on July 30, 2019 and within 300 days of the occurrence of
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`the acts of which she now complains.
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`7. The EEOC issued Ms. Rojo a Notice of Right to Sue on August 21, 2020. This Complaint
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`and Demand for Jury Trial is timely filed within ninety days of receipt of that Notice of Right to
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`Sue.
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`FACTS
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`8. Sanderson is a “covered” employer as defined by 42 U.S.C. § 12111(5)(A) of the ADA.
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`9. Specifically, at all times from at least 2018 to the present, Sanderson has operated in
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`multiple states and processed chickens for distribution and sale throughout the United States. At
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`all relevant times, Sanderson has had more than 500 employees.
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`10. Ms. Rojo is a 48-year old woman who was employed by Sanderson since approximately
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`2000. Since 2000, Sanderson gave Ms. Rojo a number of different assignments for Sanderson, all
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`within the poultry processing plant in Bryan, Texas, handling various aspects of processing and
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`packaging chicken parts for shipment and sale.
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`Original Complaint
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`Page 2 of 9
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`Case 4:20-cv-03874 Document 1 Filed on 11/13/20 in TXSD Page 3 of 9
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`11. Ms. Rojo, like many other Sanderson employees, worked doing various tasks in various
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`departments within the poultry processing plant over the course of her nearly twenty years of
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`employment, as Sanderson routinely reassigns workers from one task to another for various
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`reasons.
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`12. In August 2018, Ms. Rojo was working on the production line in the Pre-Price Department,
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`which required pushing and pulling boxes weighing up to about 75 pounds. On or about August 2,
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`2018, Ms. Rojo was working when she felt her right shoulder pop and severe pain ensued.
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`13. From approximately August 3, 2018 until October 4, 2018, Sanderson told Ms. Rojo that
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`it was investigating whether or not Ms. Rojo was eligible for benefits under its workplace injury
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`benefits plan. Over these months, Ms. Rojo saw several physicians selected by Sanderson at Nova
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`Medical Centers, in Bryan, who determined what level and kind of restrictions she would need in
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`order to continue working with her injury. At the time, these restrictions generally consisted of
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`limitations on reaching, pushing, and pulling, and lifting restrictions of 10 to 20 pounds. Ms. Rojo
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`was ultimately diagnosed with torn or damaged rotator cuffs in both shoulders, three torn tendons,
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`and a fractured clavicle.
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`14. During this same time period, Ms. Rojo continued to work full-time, first in the Overwrap
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`Department labelling chicken trays and gluing boxes, and later in the Pre-Price Department gluing
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`boxes. These assignments accommodated Ms. Rojo’s physical limitations, such that she was able
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`to perform them unassisted.
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`15. On or about October 4, 2018, Sanderson denied Ms. Rojo’s claim under its workplace
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`injury benefits plan. At this point, the physicians at Nova Medical Centers had advised Ms. Rojo
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`against using her right arm to push, pull, or lift for periods of more than three hours, and they also
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`advised against doing any overhead lifting at all.
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`Original Complaint
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`Page 3 of 9
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`Case 4:20-cv-03874 Document 1 Filed on 11/13/20 in TXSD Page 4 of 9
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`16. On or about October 4, 2018, Ms. Rojo asked David Jarrett, an Overseer in the Pre-Price
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`Department, if she could remain working in one of the two positions she had been working in
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`unassisted since sustaining her injury.
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`17. Mr. Jarrett told Ms. Rojo words to the effect of, “you cannot work at Sanderson with
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`restrictions” and that Sanderson had only been accommodating her restrictions up until that time
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`because she had a pending workplace injury claim. Mr. Jarrett told Ms. Rojo at that meeting that
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`she could choose between taking unpaid leave under the Family and Medical Leave Act, or she
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`could be fired. Ms. Rojo elected to take unpaid leave so she would not be fired.
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`18. Ms. Rojo continued to receive medical treatment, including imaging and physical therapy,
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`over the course of the next several months, which culminated in Ms. Rojo undergoing shoulder
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`surgery to repair her torn rotator cuff on February 28, 2019. From February 28, 2019 until May
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`19, 2019, Ms. Rojo was recovering from her shoulder surgery and unable to work.
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`19. On May 20, 2019, Doctor Michael James Connally wrote a note releasing Ms. Rojo to
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`return to work, so long as she did no lifting over ten pounds, and no overhead lifting.
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`20. On or about May 21, 2019, Ms. Rojo met with Sanderson Personnel Supervisor Teresa
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`Gonzalez, gave her Dr. Connally’s note regarding her physical limitations, and asked to return to
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`work with an assignment to tasks that would accommodate her physical limitations.
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`21. Ms. Gonzalez told Ms. Rojo words to the effect of “accommodations caused by restrictions
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`are not allowed per company policy.”
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`22. Ms. Rojo persisted and scheduled a meeting with Sanderson Field Employee Relations
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`Manager Yesenia Luna on June 4, 2019. In this meeting, Ms. Rojo identified several positions that
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`she had previously performed in her tenure at Sanderson on a full-time basis, and Ms. Rojo
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`indicated that she would be able to perform them unaided. She asked to be assigned to any of them.
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`Original Complaint
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`Page 4 of 9
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`Case 4:20-cv-03874 Document 1 Filed on 11/13/20 in TXSD Page 5 of 9
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`Ms. Luna told Ms. Rojo she would look into those possibilities and contact her soon after.
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`However, neither Ms. Luna nor anyone from Sanderson responded, nor offered Ms. Rojo any work
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`throughout June 2019.
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`23. On or about July 9, 2019, Ms. Rojo met with Ms. Gonzalez to present a new doctor’s note
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`with fewer restrictions. At this time, Ms. Rojo’s physical limitations were simply to do no heavy
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`lifting unless it was tolerable.
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`24. At the July 9 meeting, Ms. Gonzalez offered Ms. Rojo the position of Picking Room
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`Employee in the Evisceration Department. This position required hanging and defeathering 35 six-
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`pound chickens per minute. Ms. Rojo indicated that she was unsure whether this position would
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`aggravate her injury, but she agreed to try this assignment.
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`25. For some time until July 26, 2019, Ms. Rojo worked in the Picking Room position, but it
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`caused pain in her shoulder.
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`26. On or about July 26, 2019, Ms. Rojo met with HR representatives and asked to be assigned
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`to a different position. Ms. Rojo explained that the work pace in the Picking Room assignment
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`was faster than she expected, she was still recovering from her injuries, and the work was causing
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`her pain and swelling in her hand. The HR representatives refused to allow Ms. Rojo to continue
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`working in any assignment at that time. Instead, they instructed Ms. Rojo to visit her doctor and
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`bring back a note with any update to her restrictions.
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`27. Since May of 2019, Sanderson has refused to give Ms. Rojo an appropriate accommodation
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`or assignment. As a result, on or about July 30, 2019, Ms. Rojo filed a charge of discrimination
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`with the EEOC based on disability discrimination.
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`28. Ms. Rojo visited her surgeon, Dr. Connally, and he issued a note dated July 26, 2019,
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`recommending that Ms. Rojo not perform more than 100 movements per hour. Ms. Rojo presented
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`Original Complaint
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`Page 5 of 9
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`Case 4:20-cv-03874 Document 1 Filed on 11/13/20 in TXSD Page 6 of 9
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`that note to Sanderson.
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`29. On or about August 1, 2019, Ms. Rojo met with Sanderson Plant Manager Allen Laughlin
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`and Ms. Gonzalez to discuss assignments that would accommodate her restrictions. Ms. Rojo
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`identified a number of assignments she felt capable of performing unaided, including 1) at the
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`“rework” station in the Overwrap Department (placing chicken on small plates or in plastic); 2)
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`cleaning and peeling gizzards; and 3) gluing boxes in the Pre-Price Department. Mr. Laughlin
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`rejected Ms. Rojo’s proposal, stating that the rework position and gluing boxes would require more
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`than 100 repetitive movements per hour, and that cleaning and peeling gizzards would require
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`heavy lifting.
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`30. However, Ms. Rojo had previously been assigned to perform these assignments, so she was
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`familiar with the physical requirements of each, and she knew they would accommodate her
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`physical limitations. She knew that those repetitive movements would not strain her shoulders.
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`She also knew that the gizzards position had not previously required heavy lifting.
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`31. On or about August 6, 2019, Ms. Rojo received an updated note from Doctor Rany Cherian
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`with no limitation on repetitive movements, but simply a restriction on heavy lifting and allowing
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`for normal duties as tolerated.
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`32. Ms. Rojo delivered the August 6 doctor’s note to Ms. Gonzalez and Ms. Luna at Sanderson
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`on August 7, 2019. Ms. Rojo again asked Ms. Gonzalez and Ms. Luna to be placed into any of the
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`previously-identified positions that she knew she could perform, and which were now condoned
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`by her doctor.
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`33. Since August 7, 2019, Sanderson has refused to allow Ms. Rojo to return to work at all,
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`and has refused to otherwise engage in the interactive process, despite Ms. Rojo continually
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`expressing her availability to work in numerous assignments that would have accommodated her
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`Original Complaint
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`Page 6 of 9
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`Case 4:20-cv-03874 Document 1 Filed on 11/13/20 in TXSD Page 7 of 9
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`limitations in performing heavy lifting.
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`34. Ms. Rojo’s restrictions remained in place for the balance of 2019.
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`35. Since August 7, 2019, Ms. Rojo has communicated to Sanderson through their respective
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`attorneys, and through telephone messages, that she is ready to return to work. During this time,
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`Sanderson has not claimed that any of the assignments Ms. Rojo requested require heavy lifting.
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`Instead, Sanderson claims these assignments are not full-time positions, even though Ms. Rojo has
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`worked in these assignments on a full time-basis in the past.
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`CAUSE OF ACTION–DISABILITY DISCRIMINATION AND FAILURE TO
`ACCOMMODATE
`36. Ms. Rojo hereby incorporates the allegations set forth in the foregoing paragraphs as
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`though fully alleged herein.
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`37. The ADA prohibits an employer from discriminating against a qualified individual with a
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`disability. 42 U.S.C. § 12112(a); 29 C.F.R. § 1630.4.
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`38. Sanderson discriminated against Ms. Rojo in violation of 42 U.S.C. § 12112(b)(5) by
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`failing to make reasonable accommodations to Ms. Rojo’s known physical limitations.
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`39. Ms. Rojo is a person with an “actual” and a “record of” disability, as defined by the ADA
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`Amendments Act of 2008, 42 U.S.C. § 12102(1), for the reasons set forth above. At all relevant
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`times, Ms. Rojo had physical impairments that substantially limited one or more of her major life
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`activities.
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`40. Ms. Rojo’s shoulder injury substantially limited the functioning of her musculoskeletal
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`system, and substantially limited her ability to lift, push, or pull, and to work in the broad range of
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`jobs that require such ability. Her limitations spanned at least sixteen months, and would have
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`lasted longer but for the surgery she underwent to repair the damage. Ms. Rojo experienced
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`significant pain from everyday activities that gradually ameliorated over this period.
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`Original Complaint
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`Page 7 of 9
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`41. Ms. Rojo is a “qualified individual” within the meaning of 42 U.S.C. § 12111(8). Ms. Rojo
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`was qualified to work in several different assignments in various departments at Sanderson because
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`she had the knowledge, experience, and skills necessary to perform the essential functions of those
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`assignments, and she had worked successfully in those assignments in the past. Indeed, Ms. Rojo
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`received annual raises over her 20-year tenure and has no disciplinary history.
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`42. As a result of Sanderson’s unlawful employment practices, Ms. Rojo’s pay and hours
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`worked were reduced to zero in July 2019, and Sanderson has classified her as on leave without
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`pay since that time.
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`43. As a result of Sanderson’s unlawful employment practices, Ms. Rojo experienced lost
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`wages and lost benefits of employment, and she has experienced emotional pain, suffering,
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`inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses.
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`Sanderson’s acts were done intentionally, and with reckless indifference to Ms. Rojo’s rights.
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`PRAYER FOR RELIEF
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`WHEREFORE, Ms. Rojo prays that this Court issue a judgement in her favor and that the
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`Court order or award her the following:
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`a. Injunctive relief;
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`b. Back pay;
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`c. Front pay;
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`d. Compensatory damages;
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`e. Punitive damages;
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`f. Nominal damages;
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`g. Pre- and post-judgment interest, as provided by law;
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`h. Costs, litigation expenses, expert witness fees, and reasonable attorneys’ fees; and
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`Original Complaint
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`Page 8 of 9
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`i. Such other and further relief as this Court deems just and proper.
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`Respectfully submitted,
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` By: /s/ Caitlin Boehne
`Caitlin Boehne
`Texas State Bar No. 24075815
`Email: cboehne@equaljusticecenter.org
`Aaron Johnson
`Texas State Bar No. 24056961
`Email: ajohnson@equaljusticecenter.org
`EQUAL JUSTICE CENTER
`314 E. Highland Mall Blvd., Ste. 401
`Austin, Texas 78752
`Fax (512) 474-0008
`Tel (512) 474-0007, ext. 110
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`Counsel for Plaintiff
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`Original Complaint
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`Page 9 of 9
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