The EEOC's complaint, filed April 1 in the U.S. District Court for the Eastern District of North Carolina, charges that Butterball denied reasonable accommodation to a long-term employee diagnosed with breast cancer who requested intermittent leave for chemotherapy treatments and recovery. The employee was subsequently terminated for violating the company's attendance policy after accruing points for cancer-related absences.
According to the lawsuit, the employee informed Butterball of her cancer diagnosis and medical need for time off to receive treatments. The company referred her to its third-party benefits administrator, but the requested leave was never granted. The employee continued to accrue attendance points under the company's progressive discipline policy for absences related to her cancer treatment, ultimately leading to her termination.
The EEOC alleges that Butterball failed to provide reasonable accommodations as required under the ADA, including intermittent leave and exemptions from the attendance policy. The agency is seeking injunctive relief to prevent future discrimination, reinstatement or front pay for the affected employee, compensatory and punitive damages, and other appropriate remedies.
The case reflects the EEOC's continued focus on disability accommodation issues in the workplace, particularly regarding employees with serious medical conditions. The lawsuit also highlights employer responsibilities when using third-party administrators, as companies remain liable for ADA compliance regardless of outsourcing arrangements.
"Absent undue hardship, intermittent leave and exemptions from progressive attendance policies can be effective reasonable accommodations under federal law," said Melinda C. Dugas, Regional Attorney for the EEOC's Charlotte District Office. "Even when an employer hires a third-party benefits administrator, the employer remains responsible for complying with anti-discrimination law. The EEOC will continue to hold employers accountable when employee rights are violated under such circumstances."
The EEOC filed the lawsuit after attempting to resolve the matter through its administrative conciliation process. The case will proceed through federal court, where Butterball will have the opportunity to respond to the allegations and present its defense.
This enforcement action underscores the importance for employers to have clear accommodation procedures and ensure that third-party administrators understand ADA requirements. Companies should regularly review attendance policies to ensure they include appropriate exceptions for disability-related absences as reasonable accommodations.