Butterball has agreed to pay $230,000 to settle a federal disability discrimination lawsuit involving a North Carolina employee who was fired after missing work for breast cancer treatment.
According to the lawsuit, which was filed by the U.S. Equal Employment Opportunity Commission (EEOC), Marie Marc informed Butterball of her cancer diagnosis and requested intermittent leave to undergo chemotherapy and recover from treatment. The poultry company referred her to a third-party benefits administrator, but the requested leave was never approved.
Marc subsequently accumulated attendance points for cancer-related absences and was terminated under Butterball’s attendance policy. The EEOC alleged that the company’s actions violated the Americans with Disabilities Act (ADA), which requires covered employers to provide reasonable accommodations to qualified employees with disabilities.“Employers that hire third-party benefits administrators must ensure that effective policies and procedures are in place to meet the employer’s statutory obligations under federal workplace discrimination laws,” said Melinda C. Dugas, regional attorney for the EEOC’s Charlotte District, in a statement
. “An employer cannot delegate its responsibility for complying with the ADA.”Under the settlement, Marc will receive approximately $18,000 in back pay and $135,000 in compensatory damages. Another $77,000 will cover her legal expenses. Butterball also agreed to revise its Americans with Disabilities Act policies, provide additional training, improve how it tracks employee accommodation requests, and educate workers about their workplace rights, reports WRAL News
. The settlement, however, does not constitute an admission of wrongdoing by Butterball. The company previously denied the allegations in its response to the lawsuit.“Federal law guarantees qualified individuals with disabilities an equal opportunity to work. The EEOC is committed to holding employers accountable when they violate those rights and pursuing all appropriate relief for victims of discrimination,” said Samuel Williams, trial attorney for the EEOC’s Charlotte District.
The case also underscores the potential business consequences of outsourcing benefits or administration. The EEOC emphasized that using a third-party administrator does not remove an employer’s responsibility to comply with federal employment-discrimination laws.
The EEOC continues to enforce federal laws prohibiting employment discrimination, including protections for workers with disabilities. Employers and employees can find additional guidance through the agency’s disability-discrimination resources.
RELATED CONTENT: Kroger To Pay $75K To Settle Disability Lawsuit Brought By Breast Cancer Survivor