Plaintiff alleges retail giant failed former employee over disability accommodations

The Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against a major retailer, alleging violations of the Americans with Disabilities Act (ADA). The complaint was filed in the United States District Court for the Northern District of Georgia on November 17, 2025, targeting Penney OpCo LLC. The EEOC accuses the company of failing to accommodate an employee’s disability and unlawfully terminating her employment.

According to the EEOC’s filing, Angela Grier, a former warehouse associate at Penney’s logistics center in Georgia, was diagnosed with breast cancer in April 2023. As part of her treatment, she required intermittent leave for chemotherapy sessions. Grier formally requested this accommodation under the ADA through Penney’s third-party leave administrator. Despite submitting all necessary documentation from her doctor confirming her condition and need for medical leave, Grier’s request was inexplicably denied by the third-party administrator without being presented to her manager for approval.

Grier continued to attend her chemotherapy appointments and missed work due to recovery needs, which led to her accruing attendance points under Penney’s strict policy. On July 3, 2023, she was terminated for accumulating too many points—points that should not have been counted had her accommodation request been approved. The EEOC argues that Penney’s actions were not only discriminatory but also retaliatory since they were aware of Grier’s condition and request for accommodation.

The lawsuit claims that Penney violated Sections 102 and 503 of the ADA by denying reasonable accommodations and discharging Grier due to her disability. It also alleges retaliation against Grier for engaging in protected activity by requesting an accommodation. The EEOC is seeking various forms of relief including back pay with interest, compensation for emotional distress and punitive damages. They are also requesting a permanent injunction against Penney to prevent future discrimination and require them to implement policies ensuring equal employment opportunities for individuals with disabilities.

Representing the EEOC are Regional Attorney Marcus G. Keegan and Assistant Regional Attorney Lakisha Duckett Zimbabwe, with Steven A. Wagner serving as Trial Attorney. The case is assigned Case ID 1:25-cv-06582-AT-JSA.