Former Employee Alleges Discrimination Against Kerry Inc., Citing ADA Violations

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Adrian Diamond has filed a lawsuit against his former employer, alleging discrimination and retaliation in violation of the Americans with Disabilities Act (ADA). The complaint was filed on February 20, 2026, in the United States District Court for the Northern District of Georgia against Kerry, Inc.

The case centers around Adrian Diamond’s employment at Kerry, Inc.’s Rome, Georgia facility. Diamond began working there as a Mixer Operator in July 2024 and became a full-time employee by November of that year. He claims that due to staff reductions in July 2025, he was forced to perform heavy lifting tasks typically shared among multiple employees. This exacerbated a pre-existing shoulder condition stemming from an old car accident injury. Despite informing his supervisors about his disability and requesting reasonable accommodations, Diamond alleges that he was met with resistance and skepticism.

On July 23, 2025, after reporting his shoulder pain to both Safety employee Jake and Lead Chad, Diamond was sent home by Plant Manager Dustin until he could provide a doctor’s note. Although his doctor placed him on temporary lifting restrictions on July 25, Jason from Safety informed him there were no light-duty positions available—a claim Diamond disputes given that other employees had been accommodated similarly before.

Diamond’s doctor cleared him to return without restrictions on August 1, but upon submitting this clearance to Jason, he faced further scrutiny over how quickly his condition had improved. On August 6, when returning to work with both medical notes in hand, Diamond was subjected to what he describes as an unusual drug test procedure following accusations of smelling like marijuana—claims which were unfounded as the test returned negative results.

Despite being cleared medically and passing the drug test, Diamond was terminated on August 7 for allegedly taking excessive break time. He contends this reason is merely a pretext for unlawful discrimination based on his disability and retaliatory actions due to his requests for accommodation under the ADA.

Diamond seeks various forms of relief from the court including general damages for emotional suffering caused by Kerry Inc.’s alleged misconduct; special damages for lost wages; punitive damages; attorney’s fees; declaratory relief affirming violations of statutory rights; injunctive relief potentially involving reinstatement or front pay; and any additional remedies deemed appropriate by the court.

Representing Adrian Diamond are attorneys V. Severin Roberts and Patrick Reid from The Workers’ Firm located in Atlanta. The case is identified under Case ID: 4:26-cv-00049-WMR-JHR with Judge WMR presiding over proceedings.

Source: 426cv00049_Adrian_Diamond_v_Kerry_Complaint_Northern_District_of_Georgia.pdf


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