Piedmont Cheerwine agrees to pay former employee $36,000 to settle EEOC lawsuit

Piedmont Cheerwine Bottling Co. has agreed to a settlement with the U.S. Equal Employment Opportunity Commission over claims that an employee at its Colfax facility was terminated because of her disability.

A consent order was filed May 14 in the Middle District of N.C.

The EEOC sued the company in May 2025 on behalf of Denise Robinson, a former employee at Cheerwine's facility at 2913 Sandy Ridge Road.

Robinson began working at Cheerwine as a store merchandiser through a staffing agency on Feb. 12, 2023. Her employment was terminated on March 30, 2023.

Piedmont Cheerwine said when the lawsuit was filed that "it is an equal opportunity employer, and fully complies with all legal requirements, including those provided under the Americans with Disabilities Act."

As part of the settlement, the company agreed to pay Robinson $36,000 in lost wages. It provided Robinson with a neutral letter of reference of her employment that states that she "meet expectations with respect to her work performance."

The company is required to implement anti-discriminatory guidelines and employee training.

According to the lawsuit, Robinson takes medication for multiple sclerosis. The medicine had a side effect of causing deterioration in the cartilage in her hip, the suit says.

As a result, she walks with a limp.

Robinson's job requires lifting, standing, walking, sitting, stooping, crawling and balance, according to the lawsuit. Robinson told the employer she could safely perform the job duties with her limp.

The lawsuit says Cheerwine requires that probationary employees pass a physical agility test performed by a physical therapist after working 90 days. Passing the test is required before a permanent job with Cheerwine is offered.

In Robinson's case, the EEOC alleges, Cheerwine violated federal law because it required Robinson to undergo the physical agility test "weeks earlier ... because of her disability."

Robinson passed the test on March 22, 2023.

However, according to the lawsuit, "the test results noted that Ms. Robinson had ‘right hip decreased strength and ROM (range of motion), gait abnormalities and difficulty squatting.' "

The company agreed in the consent order to not terminate a worker's employment because of a disability or a perception that the worker is disabled. It agreed not to impose different probation standards for full- or part-time employees with disabilities.

Robinson was asked to "obtain complete medical clearance from a medical doctor familiar with (these conditions and) the physical demands of a merchandiser before a final placement decision is rendered."

A week later, on March 29, 2023, a Cheerwine human resources manager raised concerns to a general manager about Robinson's risk for injury in performing the store merchandiser job duties.

Robinson was placed that day in a leave of absence in order to obtain medical clearance for her job.

However, her employment was terminated on March 30, 2023, based on the recommendation of the human resources manager even though Robinson provided a medical note of her ability to work.

"The (discriminatory) practices were inattentional ... and were conducted with malice or with reckless indifference to the federally protected rights of Ms. Robinson," according to the lawsuit.

"They unlawfully used the results of such exam as a basis to termination Ms. Robinson's employment, in violation of the ADA."

The company agreed as part of the settlement to stop requiring a post-offer medical entrance examination after employment starts unless it is required for all new employees.

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This story was originally published June 6, 2026 at 4:12 AM.