Cheerwine to Pay $36,000 in EEOC Disability Discrimination Suit Over Agility Test Requirement
Soft drink company resolves federal charge over unlawful termination due to disability status following administration of workplace medical exam
GREENSBORO, N.C. — Piedmont Cheerwine Bottling Company, a North Carolina-based soft drink company with a facility in Colfax, North Carolina, will pay $36,000 to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
According to the lawsuit, a former Cheerwine employee took medication for her multiple sclerosis. The medication caused the cartilage in her hip to deteriorate, which caused her to walk with a limp. Cheerwine prematurely required the employee to perform an agility test, during which she was asked impermissible questions about her health. Even though the employee met the physical requirements of the job, Cheerwine placed her on unpaid leave until she could obtain a complete medical clearance. 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.
“Federal law prohibits employers from subjecting employees with a disability to different terms and conditions of employment than those enjoyed by employees who do not have a disability,” said Melinda C. Dugas, regional attorney for the EEOC’s Charlotte District. “Further, employers should take care to ensure that any testing that occurs in the workplace complies with the law.”
Conduct such as that alleged in the lawsuit violates the Americans with Disabilities Act (ADA) which prohibits disability discrimination in the workplace. The EEOC filed suit (EEOC v. Piedmont Cheerwine Bottling Company, Case No. 1:25-cv-00821) in the 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.
In addition to paying $36,000 in monetary relief under the two-year consent decree resolving the lawsuit, Cheerwine will also update and implement written policies and procedures prohibiting disability discrimination, train its managers, supervisors and human resource employees, post an employee notice about disability discrimination, and provide reports to the EEOC.
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 also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov.
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