EEOC Discrimination Claims
JC Penney Facing Federal Lawsuit Over Denial of Medical Leave for Employee With Breast Cancer
Background
Penney OpCo, LLC—operating nationwide as JC Penney—has been sued by the U.S. Equal Employment Opportunity Commission (EEOC) following allegations involving the treatment of a warehouse employee undergoing breast cancer treatment. The case centers on the company’s refusal to grant medically supported leave and the subsequent termination of the employee based on attendance violations.
Incident Details
The lawsuit states that a warehouse associate at the JC Penney logistics facility in Forest Park, Georgia, was diagnosed with breast cancer and sought time off for medical appointments related to her treatment. She followed internal procedures by submitting documentation outlining her diagnosis, treatment plan, and required leave.
Despite these submissions, JC Penney allegedly denied the accommodation request. As a result, the days she missed for cancer treatment were applied to the company’s attendance points system. After exceeding the permitted number of points, the employee was terminated on July 3, 2023.
Court filings indicate that the denial of her medically necessary leave was the direct cause of the termination under the company’s point-based attendance policy.
Legal Background
The case is governed by the Americans with Disabilities Act (ADA), which:
- Prohibits discrimination against qualified employees with disabilities.
- Requires employers to provide reasonable accommodations unless doing so presents an undue hardship.
- Protects employees from termination or retaliation for seeking accommodations or taking disability-related leave.
Leave for medical treatment is recognized under the ADA as a potential reasonable accommodation when properly supported by medical documentation.
The lawsuit, filed in the U.S. District Court for the Northern District of Georgia (Case No. 1:25-cv-06582), seeks monetary damages and injunctive relief to prevent recurrence of similar conduct.
Settlement and Relief Sought
The EEOC’s complaint requests:
- Back pay and front pay for the former employee
- Compensatory and punitive damages
- Injunctive relief requiring JC Penney to revise policies, implement training, and ensure ADA compliance across its facilities
The case remains pending, with the requested remedies aimed at both compensating the affected employee and preventing future violations.
Key Takeaways
- Medical leave for treatment can be a reasonable ADA accommodation, and denying it may lead to legal liability.
- Attendance point systems must allow flexibility when an employee’s absences relate to a documented disability.
- Employers must evaluate each accommodation request individually, especially when medical documentation clearly supports the need.
Conclusion
The lawsuit against JC Penney highlights the legal risks organizations face when disability-related accommodation requests—particularly those involving serious medical conditions—are not appropriately evaluated. As enforcement of ADA protections continues to rise, employers should review policies, train supervisors on accommodation obligations, and ensure attendance systems do not unintentionally penalize employees undergoing medical treatment.