Feds accuse Garner meat plant of illegally firing employee with breast cancer
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- Complaint: Butterball directed employee to Voya. Voya never approved her leave request.
- Employee gave doctor’s notes when she missed work but still incurred attendance points.
- EEOC alleges Butterball failed to notify non‑English speakers about disability policies.
A Garner meat processor allegedly refused to accommodate an employee with breast cancer — then fired her, according to a federal lawsuit.
The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit on March 31 against Butterball, accusing the company of violating the Americans with Disabilities Act, court records show.
The employee, Marie Marc, worked for Butterball from January 2013 until she was fired in September 2023, according to the complaint. Marc is Haitian and spoke Haitian Creole almost exclusively, so her daughter and other coworkers translated on her behalf.
EEOC: Butterball ‘washed its hands’ of the issue
Marc’s daughter informed Butterball that Marc was diagnosed with breast cancer on Aug. 24, 2023, and would miss work for chemotherapy, according to the complaint. Butterball directed Marc to request medical leave from Voya Financial, Butterball’s third-party benefits administrator.
Voya never approved Marc’s request, according to the complaint. So Marc incurred attendance points when she missed work for chemotherapy, even though she provided doctor’s notes to Butterball.
Whenever Marc and her daughter called Voya about her leave request, Voya “simply passed them back and forth between the Supplemental Health Benefits Department and the Leave Management Department without addressing Ms. Marc’s need for leave as an accommodation,” the complaint states.
Marc returned to work Sept. 5, providing a doctor’s note to Butterball and again expressing her need for medical leave, according to the complaint. But Butterball allegedly gave a final attendance notice warning her she would be fired for any more unexcused absences.
Marc missed work again between Sept. 7 and Sept. 11 for chemotherapy, according to the complaint. Butterball removed her from the schedule on Sept. 11 and fired her Sept. 13. Butterball allegedly did not notify Marc that it had fired her, so she came to the facility on Sept. 18 only to discover her badge didn’t work.
That day, Marc met with Butterball’s human resources representative who told her she was fired, according to the complaint. Marc provided another doctor’s note and again told Butterball she needed medical leave, but Butterball stood by its decision to fire her.
“Upon learning of Ms. Marc’s cancer diagnosis and need for disability-related leave, Defendant washed its hands of the matter and left Ms. Marc, a long-term, vulnerable employee who did not speak English and who had just been diagnosed with cancer, to deal with its third-party administrator without assistance,” the complaint reads.
In the complaint, the EEOC alleged Butterball failed to inform employees who couldn’t speak English like Marc about its attendance, leave and disability policies. The EEOC also accused Butterball of failing to ensure Voya was executing company policy in accordance with the law.
The EEOC is requesting a jury trial to determine compensation for loss of employment and emotional suffering, according to the complaint. The agency seeks back pay with interest for Marc and either front pay or reinstatement to her previous position.
Butterball declined to comment when reached by The News & Observer, citing its policy not to comment on ongoing legal matters.
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