A now-former employee has filed a federal lawsuit and says she was fired from Woodman’s Markets in Lakemoor for taking time off from work for her cancer surgery.
Sulaiman Law Group, based in Lombard, filed a lawsuit on behalf of Suzanne Jordan against Woodman’s Markets, headquartered in Wisconsin.
The lawsuit was filed in U.S. District Court for the Northern District of Illinois and alleges the company violated the Americans with Disabilities Act (ADA) and the Illinois Human Rights Act (IHRA).
Jordan was hired by Woodman’s Markets in Lakemoor as a cashier on November 1, 2020.
The lawsuit complaint said she was promoted in August 2021 to work as a liquor store clerk but would first need to be licensed.
Jordan was diagnosed with breast cancer in August 2021 and reportedly filled out paperwork for medical leave after speaking with her supervisor and the store manager.
She simultaneously followed up with her superiors about when they would be scheduling her to get her liquor license but was ignored, the complaint said.
Jordan spoke with another supervisor and told her she felt the male supervisors were pushing her training off due to her breast cancer diagnosis and surgery.
The female supervisor set up Jordan for the licensing in early September 2021, which Jordan completed before she went out on medical leave, the complaint said.
Jordan underwent a double mastectomy on September 30, 2021. She requested time off from work from September 29 to November 18, 2021, to undergo the procedure and for recovery.
The lawsuit complaint said Jordan submitted the time off request to corporate and it was approved.
She attempted to return to work earlier than expected with lifting restrictions in late October or early November 2021.
Two supervisors told Jordan she would not be able to return with work restrictions, the complaint said.
She then returned to work after her medical leave was finished and worked her normal schedule during December, January and part of February.
Jordan was called to the office at the end of a shift on February 13, 2022, and was fired by a night-time supervisor for alleged attendance issues, the suit complaint said.
Jordan learned she had been given her first “attendance point” on September 30, 2021, which was when she was in the hospital for the surgery.
She was given a second attendance point in October while still out on the medical leave, the complaint said.
The supervisor who fired Jordan told her, “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 Plaintiff request for reasonable accommodations for unpaid leave and leniency on the points, was not only denied but used for the reason for her termination,” attorney Chad Eisenback said in the complaint.
The employee handbook requires both a verbal and written warning prior to termination, which Jordan claims she received neither.
“Defendant failed to accommodate Plaintiff’s disability, despite Plaintiff’s reasonable request for time off to have a double mastectomy, and reasonable request to come back to work early with accommodations,” Eisenback said.
The suit said Jordan’s termination was “unlawful discrimination” based on disability and a jury trial demand was made.
Erik Eisenmann, who is representing Woodman’s Markets, said in a statement that the grocery store chain is aware of the lawsuit and it is “entirely without merit.”
“[…] the Company intends to vigorously defend itself in this action. No further comment will be provided at this time,” Eisenmann said.
An initial court hearing has not been scheduled yet in the case.