Woodman’s ex-employee says she was fired for time off for cancer surgery; she’s suing in federal court

A woman has filed a federal lawsuit against a Lakemoor grocery store, claiming she was fired from her job for missing work while she underwent a double mastectomy to treat breast cancer and took time to recover.

Suzanne Jordan filed the lawsuit in February against Woodman’s Markets, claiming the store, where she worked for two years and was promoted before her diagnosis, violated her rights under the Americans With Disabilities Act.

Erik Eisenmann, an attorney representing Woodman’s, said in an email “Woodman’s is aware of this lawsuit; the complaint is entirely without merit, and the Company intends to vigorously defend itself in this action.”

Jordan, however, said she submitted paperwork requesting time off from Sept. 30, 2021, the date of her surgery, through Nov. 18, 2021, allowing time to recover. The request was submitted to and approved by the company, she said in the lawsuit, adding she was later told she was penalized for days off and fired.

In the lawsuit, Jordan said that during her recovery, she decided she was able to return to work earlier than the end of her requested leave, but she asked for accommodations to work a job that did not require heavy lifting, such as security or hanging coupons. Her request was denied, so she waited and returned to work as a cashier when her initial requested medical leave was over.

During December 2021, January 2022 and part of February, Jordan worked her “usual schedule,” according to the lawsuit. But at the end of a shift she worked for a coworker on Feb. 13, 2022, a nighttime supervisor told her she was terminated for “attendance issues,” the lawsuit said. Attendance-related issues were noted by Woodman’s using a point system, the lawsuit said. Despite her time off having been approved months earlier, and despite being back at work more than two months, Jordan was told that attendance points were marked against her for days she took off for surgery and recovering, according to the lawsuit.

Jordan said in the suit that the supervisor told her that night, “I’m just the messenger, there’s nothing I can do, you still incur points even if you’re out on surgery,” according to the lawsuit.

“Effectively [Jordan’s] request for reasonable accommodations, for unpaid leave and leniency on the points was not only denied but used for the reason for her termination,” the suit contends.

Additionally, Jordan asserts in the suit that the company did not follow its own employee handbook that says “a verbal and written warning prior to termination” is required. Jordan said she received no prior warnings in any form before she was fired.

“The purported justification for termination was unlawful discrimination based on disability or because [Woodman’s] perceived [Jordan] as disabled,” according to the lawsuit.

The lawsuit continues Woodman’s ”conduct toward [Jordan] illustrated a willful and/or reckless violation of the ADA" and that Woodman’s “did not accommodate [Jordan’s] disability.”

Jordan also accused Woodman’s of violating the ADA when, she said, the company retaliated against because she requested accommodations when she wanted to return to work sooner, the lawsuit said.

Jordan is seeking back pay with interest, compensation for future lost wages and benefits, compensatory and punitive damages and the cost of her attorney’s fees.

Before filing the suit, Jordan received a letter from the U.S. Equal Employment Opportunity Commission saying there is “reasonable cause to believe [Woodman’s] discriminated against [Jordan] because of her disability in that she was denied reasonable accommodations and discharged in violation of ADA.”

The letter also said Woodman’s “attendance point policy” discriminates against employees with disabilities including Jordan, also a violation.

Jordan’s attorney, Chad Eisenback of Sulaiman Law Group Ltd.‘s Atlas Law Center in Lombard, said he “encourages anyone facing similar challenges to seek guidance and stand up for their rights.”

“Too often, employees fear speaking up when their rights are violated, but laws like the Americans with Disabilities Act exist to ensure that workers like Ms. Jordan are protected,” he said. “Every worker deserves dignity, respect and a workplace that values their contributions rather than penalizing them for circumstances beyond their control.”