Butterball is ordered to pay R$1.25 million to an employee fired for missing chemotherapy

Butterball agreed to pay US$230,000 to settle discrimination lawsuit in the United States. The company fired an employee undergoing cancer treatment.

The worker requested time off for chemotherapy sessions. However, the request was sent to a third-party administrator and was never approved.

While waiting for a response, the employee's medical absences were recorded as attendance failure. She ended up being penalized and fired by the company.

The Equal Employment Opportunity Commission sued the company for legal violations. The agency attempted conciliation before appealing to the Federal Court.

In addition to compensation, Butterball must train human resources teams over the next 2 years. The company will also submit periodic compliance reports.

Butterball agreed to pay US$230,000 to settle the lawsuit — Photo: Butterball/ Disclosure

Butterball, one of the leading manufacturers of turkey and poultry products in the United States, agreed to pay US$230,000, equivalent to approximately R$1.25 million, to settle a discrimination lawsuit filed by the United States Equal Employment Opportunity Commission (EEOC).

The company, which produces and sells turkey meat, cold cuts, ready meals, soups, salads and sandwiches, was accused of denying a work accommodation to an employee undergoing cancer treatment and, subsequently, dismissing her for absences related to the disease.

According to the EEOC, the worker had been working at the company for years when she informed the company that she had been diagnosed with cancer and would need periodic leave for chemotherapy sessions and recovery from medical procedures.

According to the agency, the analysis of the request was transferred to a third-party benefits administrator.

However, the license was never approved. While waiting for a response, absences related to treatment began to be recorded in the company's attendance control system.

With the accumulation of these incidents, the employee received penalties for absence and ended up being fired under the justification of non-compliance with the internal attendance policy.

For the EEOC, the conduct violated the Americans with Disabilities Act (ADA), legislation that protects workers with disabilities and certain health conditions.

The standard requires employers to offer reasonable accommodations to professionals able to perform their duties, as long as this does not represent an excessive difficulty for the company.

EEOC Charlotte Regional Attorney Melinda C. Dugas highlighted that outsourcing benefits management does not eliminate employers' legal liability.

"Employers who hire third-party administrators must ensure that effective policies and procedures are in place to meet their legal obligations. An employer cannot delegate its responsibility to comply with the ADA," it said.

Before appealing to the North Carolina Federal Court, the EEOC attempted to resolve the case through administrative conciliation, but there was no agreement.

Agency lawyer Samuel Williams stated that federal legislation guarantees equal opportunities for workers with disabilities and that the agency will continue to work to hold employers accountable who disrespect these rights.

In addition to paying compensation, Butterball will have to adopt internal changes for the next two years.

The company must also promote training on legislation protecting people with disabilities for human resources and benefits management teams, in addition to submitting periodic reports to the EEOC demonstrating compliance with established measures.