Butterball worker fired during cancer treatment sparks federal lawsuit

A federal disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission on April 1, is putting Butterball, LLC’s Mount Olive operations under scrutiny, alleging the company failed to accommodate an employee undergoing cancer treatment and unlawfully terminated her in violation of the Americans with Disabilities Act (ADA).

According to the EEOC, the case involves a longtime employee who was diagnosed with breast cancer and requested intermittent leave to undergo chemotherapy treatments and recovery.

The lawsuit alleges that the employee informed Butterball of her medical condition and requested intermittent time off for chemotherapy but was redirected to a third-party benefits administrator. However, the leave was never approved, and the employee began receiving attendance violations under the company’s policy for absences that were directly related to her cancer treatment. She was ultimately fired under the company’s attendance policy.

The EEOC argues that this conduct is unlawful under the ADA, which requires employers to provide “reasonable accommodations” to employees with disabilities, unless doing so would cause undue hardship to the business.

Under the law, employees with serious medical conditions may be entitled to reasonable accommodations, such as modified schedules or intermittent leave for medical treatment.

The agency also emphasized that employers cannot avoid responsibility by outsourcing leave management; they remain legally accountable for ensuring compliance with anti-discrimination laws.

The lawsuit was filed in the U.S. District Court for the Eastern District of North Carolina after  attempts to resolve the issue through the EEOC’s conciliation process failed. Through this legal action, the EEOC seeks to hold Butterball accountable and reinforce the principle that employees with serious health conditions are entitled to fair treatment and necessary workplace accommodations under federal law.

“Even when an employer hires a third-party benefits administrator, the employer remains responsible for complying with anti-discrimination law,” the agency stated in announcing the lawsuit.

Duplin Journal sought comment from Butterball. A representative said the company does not comment on ongoing legal matters.