Henderson v. The Chemours Company

Case Background

On October 27, 2022, Ashley Henderson filed an employment racial discrimination lawsuit against The Chemours Company alleging wrongful termination.

The case was filed in the United States District Court, Tennessee Western (Memphis). Judge John T. Fowlkes, Jr. presided over this case. [Case number: 2:22cv2737]

Cause

Ashley Henderson, a Black employee, began working as a materials handler for The Chemours Company in 2019. Her job involved operating a forklift, lifting, carrying, and handling chemicals. Chemours produces sodium cyanide, a hazardous chemical used in gold mining.

Henderson noted that her performance was strong until January 2021, when her supervisor changed to a Black manager. Under the new leadership, she experienced increased scrutiny of her work. This scrutiny focused on her alleged tardiness and her handling of chemicals.

In July 2021, Chemours issued a formal reprimand against Henderson. In response, she filed an internal grievance. Following her complaint, Henderson reported intensified scrutiny, which she claimed contributed to her dismissal in November 2021.

Damages

If Henderson had prevailed at trial in this racial discrimination lawsuit, the jury could have awarded her back pay, future pay, or nominal damages.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Ashley Henderson
    • Counsel for Plaintiff(s): Ralph T. Gibson | Alexandra R. Scott
  • Defendant(s): The Chemours Company
    • Counsel for Defendant(s):  Thomas L. Henderson | Amanda M. Garland | Caleb F. Hand | Melissa Kimberly Hodges

Claims

Henderson argued that the “progressive discipline” was merely a pretext to conceal retaliation and race discrimination. She claimed that before she had a new white supervisor, the company considered her a valued employee. However, over the following year, she alleged that Chemours engaged in discriminatory and retaliatory practices based on her race. Her case proceeded to trial with four claims: Title VII race discrimination, § 1981 race discrimination, state Human Rights Act discrimination, and retaliation.

Defense

Chemours denied the allegations and maintained that Henderson’s termination was entirely based on her performance issues.

Chemours claimed it terminated Henderson solely due to poor performance. The company pointed to her falsification of a document related to an absence and multiple instances of unsafe chemical handling. In addition, Chemours highlighted her repeated tardiness. The company argued that Henderson’s dismissal followed a process of progressive discipline.

Jury Verdict

The trial lasted four days, and the jury deliberated for just 30 minutes. On October 31, 2024, the jury rejected all four of Henderson’s claims, which included Title VII race discrimination, § 1981 race discrimination, state Human Rights Act discrimination, and retaliation. No damages were awarded, and the court entered a judgment in favor of Chemours.

Court Documents:

Available for purchase upon request