Suit accuses Wayne Farms of disability discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit, accusing poultry company Wayne Farms of illegally discriminating against disabled employees at its operation in Decatur, Alabama. Wayne Farms stated that it intends to dispute the claims.

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(Jason Morrison | Freeimages.com)
(Jason Morrison | Freeimages.com)

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit, accusing poultry company Wayne Farms of illegally discriminating against disabled employees at its operation in Decatur, Alabama. Wayne Farms stated that it intends to dispute the claims.

In the suit, EEOC alleges that Wayne Farms violated the rights of disabled workers by maintaining an inflexible attendance policy. EEOC alleges that the company’s policy capped the number of allowable employee absences in a manner that made little allowance for disability-related absences, something it deems as a violation of Title 1 of the Americans with Disabilities Act (ADA).

Citing one example, EEOC alleged that an employee with asthma provided medical excuses for absences related to her condition, but was terminated after reaching the maximum number of allowable absences.

Wayne Farms challenging claims

In a statement, Wayne Farms said it plans to actively dispute the lawsuit, which it says stems from allegations that arose in 2011 and were investigated by the EEOC relating to absenteeism and termination of employees following repeated, unexcused absences.

 “While we have not seen the EEOC’s reported disability discrimination suit, it appears it was based on the extensive investigations conducted five years ago. Wayne Farms is completely confident that management met all legal and contract obligations to the two Decatur, Alabama, employees who filed the underlying EEOC charges, neither of whom raised any issue through the agreed union contract processes. Given the facts we presented in response to the investigation, and given the EEOC’s inexplicable delay in pursuing this matter, we will vigorously defend the action when received,” stated Jeremy Kilburn, vice president and general counsel for Wayne Farms.

Details of the lawsuit

The lawsuit, EEOC v. Wayne Farms, LLC, Case No. 5:16-cv-01347-HGD, was filed in the U.S. District Court for the Northern Alabama.

According to a press release from the EEOC, it seeks a court order requiring Wayne Farms to comply with the ADA and barring the company from applying its attendance policy to disabled employees who require additional medical leave as a reasonable accommodation. In addition, EEOC seeks lost wages and benefits, compensatory and punitive damages, and other relief for victims and the public.

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