FOREST PARK, Ga. — The U.S. Equal Employment Opportunity Commission is suing JC Penney for allegedly violating the Americans with Disabilities Act by refusing to accommodate a warehouse employee with breast cancer, then firing her.
The lawsuit, announced on Nov. 21, claims that Penney OpCo, LLC, doing business as JC Penney, denied the employee’s request for medical leave to attend cancer treatment appointments.
Despite submitting the necessary documentation, her request was denied, and her absences were counted against the company’s attendance policy, leading to her termination on July 3, 2023.
“Federal law requires that employers accommodate employees with disabilities, which includes granting time off from work to seek medical treatment,” Marcus G. Keegan, regional attorney for the EEOC’s Atlanta District Office, said in a statement.
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The EEOC’s lawsuit, filed in the U.S. District Court for the Northern District of Georgia, Atlanta Division, seeks back pay, front pay, compensatory damages, and punitive damages for the former employee.
The EEOC is also seeking injunctive relief to prevent future discrimination.
Darrell Graham, director of the EEOC’s Atlanta District Office, said applying an attendance points policy strictly against an employee needing medical leave violates the ADA unless it constitutes an undue hardship, which was not the case here.
Channel 2 Action News reached out to JC Penney for comment and is waiting for the company’s response.
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