1250 Broadway, 27th Floor New York, NY 10001

WAS PEPSICO BLIND TO THE LAW?

SOMETHING MUST HAVE BEEN IN THEIR DRINK(S)

PepsiCo Beverage Sales, LLC, was recently sued by the U.S. Equal Employment Opportunity Commission (EEOC) for disability discrimination, for refusing to accommodate a blind employee who was working at its North Carolina call center.

Apparently, the company refused to undergo an “assistive technology assessment” and rejected “assistance with purchasing supportive equipment for the employee.”

After it placed the employee on unpaid leave, the company claimed it had no other positions that were suitable for the individual and eventually fired him.

Believing that such conduct violated the Americans with Disabilities Act (ADA), the EEOC filed suit (EEOC v. PepsiCo Beverage Sales, LLC d/b/a PepsiCo Beverage Company Case No. 1:24-cv-00456) in U.S. District Court for the Middle District of North Carolina, seeking monetary damages and injunctive relief.

In a written statement, Melinda C. Dugas, regional attorney for the EEOC’s Charlotte office, noted that, “Applicants for employment and new employees are particularly vulnerable when it comes to disability discrimination …. At that stage, the employee often does not yet have enough information about the employer’s operations to recognize and assess potential reasonable accommodations. It is incumbent upon the employer to share information and to work with an employee or the employee’s advocate to identify possible accommodations.”

Bet Pepsico needed a stiff drink after getting that lawsuit.


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EEOC PRESS RELEASE ~ 05-31-2024

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