EEOC Sues Piedmont Cheerwine Bottling Company for Disability Discrimination

GREENSBORO, N.C. – Piedmont Cheerwine Bottling Company, a North Carolina-based soft drink company with a facility in Colfax, North Carolina, violated federal law when it required an employee to undergo a medical examination and discharged her because of a disability, the U.S. Equal Employment Opportunity Commission (EEOC) announced in a lawsuit filed today.

According to the lawsuit, a former Cheerwine employee took medication for her disability, which had a side effect of deterioration in her hip cartilage, resulting in a limp while she walked. She worked as a store merchandiser for almost six weeks when, in March 2023, the company required her to submit to a medical examination, weeks earlier than other probationary employees because of her disability. Even though the employee met the physical requirements of the position, Cheerwine placed her on unpaid leave and told her to obtain a complete medical clearance before returning. On March 30, 2023, the employee submitted a note from her doctor clearing her to work, but Cheerwine rejected the note and terminated her employment.

“The EEOC routinely pursues litigation to enforce compliance with the ADA when it believes a violation of the statute has occurred,” said Melinda C. Dugas, regional attorney for the Charlotte District.

Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits discrimination in hiring, firing and other employment actions because of an individual’s disability. The EEOC filed suit (EEOC v. Piedmont Cheerwine Bottling Company, Case No. 1:25-cv-00821) in U.S. District Court for the Middle District of North Carolina after first attempting to reach a pre-litigation settlement through its administrative conciliation process. The EEOC seeks monetary damages for the employee, including compensatory and punitive damages, and injunctive relief against the employer to prevent such unlawful conduct in the future.

For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.

The EEOC’s Charlotte District Office has jurisdiction over North Carolina, South Carolina and Virginia.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division; the EEOC is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.