EEOC Sues Pepsi for ADA Disability Discrimination
Author: U.S. Equal Employment Opportunity Commission
Published: 2009/10/02 - Updated: 2026/04/13
Publication Type: Announcement
Category Topic: Laws and Rights - Related Publications
Contents: Synopsis - Introduction - Main - Insights, Updates
Synopsis: This information covers an official announcement from the U.S. Equal Employment Opportunity Commission detailing a federal lawsuit filed against Pepsi Bottling Group, Inc., charging the company with violating the Americans with Disabilities Act (ADA) by terminating a long-tenured disabled employee rather than engaging in the legally required interactive accommodation process. The case is directly relevant to workers with disabilities, employment attorneys, HR professionals, and anyone seeking to understand employer obligations under federal disability discrimination law - making it a practical reference for understanding how the ADA applies in real workplace situations - Disabled World (DW).
- Topic Definition: ADA Reasonable Accommodation
ADA reasonable accommodation refers to any modification or adjustment to a job, work environment, or the way work is typically performed that enables a qualified person with a disability to enjoy equal employment opportunities. Under the Americans with Disabilities Act of 1990, employers with 15 or more employees are legally required to provide reasonable accommodations unless doing so would cause undue hardship to the business. This obligation includes engaging in an interactive process with the employee - a good-faith dialogue aimed at identifying effective solutions - and may include adjustments such as modified schedules, reassignment, or, as in the Pepsi case, granting medical leave when an employee cannot work due to a documented disability.
Introduction
EEOC v. Pepsi Bottling Group, Inc.
The Pepsi Bottling Group, Inc. violated federal law by failing to accommodate and firing an employee with a disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a workplace discrimination lawsuit.
According to the EEOC's lawsuit, Eldridge Davis, age 46 and African American, worked for Pepsi since October 7, 1996, and was promoted to driver at Pepsi's Hayward, Calif., facility in December 1999.
Main Content
The agency's suit asserts that, at the end of July 2005, when Davis became ill and could not finish his route due to his disability, he followed proper procedure by informing his supervisor and the company that he would be out on medical leave. Although Pepsi was aware of Davis's disability and knew he was on leave from work because of his illness, it nevertheless terminated him for "job abandonment and violation of the company attendance policy," the EEOC said.
The Americans With Disabilities Act (ADA) prohibits disability discrimination and requires employers to make reasonable accommodations to employees with disabilities. The EEOC filed this suit (EEOC v. Pepsi Bottling Group, Inc., CV 09-4594 Chen) in U.S. District Court for the Northern District of California after first attempting to reach a voluntary settlement through conciliation. The suit seeks monetary damages, training on anti-discrimination laws, posting of notices at the work site and other injunctive relief.
"When an employer knows that an employee has a disability and is absent from work because of it, the employer should confer with the employee and seek to accommodate him," said EEOC San Francisco Regional Attorney William R. Tamayo. "Medical leave is a widely recognized accommodation, and in Mr. Davis's case, could easily have been granted, averting the termination of a valuable and experienced employee."
EEOC San Francisco District Director Michael Baldonado added:
"The interactive process is the keystone of the accommodation process. In this case, the EEOC found that Pepsi Bottling was much more interested in terminating a disabled employee than accommodating him and failed in its responsibility to seek a solution."
According to the company's web site Somers, N.Y. based The Pepsi Bottling Group, Inc. is the world's largest manufacturer, seller and distributor of Pepsi-Cola beverages, with operations in the United States, Mexico, Canada, Russia, Spain, Turkey and Greece, and with over 70,000 employees worldwide. The company produces and sells more than 1.7 billion cases of beverages each year.
Insights, Analysis, and Developments
Editorial Note: This case is a clear reminder that the ADA's reasonable accommodation requirement is not a formality - it carries real legal weight, and employers who skip the interactive process do so at significant risk. Eldridge Davis followed the correct procedure, notified his employer of his medical condition, and was still terminated. The EEOC's decision to pursue litigation against one of the world's largest beverage companies sends a strong signal that no employer, regardless of size, is above federal disability discrimination law. For workers with disabilities navigating medical leave, this case reinforces that the law is on their side when employers choose termination over conversation - Disabled World (DW).Attribution/Source(s): This quality-reviewed publication was selected for publishing by the editors of Disabled World (DW) due to its relevance to the disability community. Originally authored by U.S. Equal Employment Opportunity Commission and published on 2009/10/02, this content may have been edited for style, clarity, or brevity.