Cheerwine soda bottling settles suit over claims it wouldn’t hire person with MS
A Cheerwine soda bottling company is settling a federal lawsuit alleging it refused to permanently hire a woman because she has multiple sclerosis, court records show.
In September, the U.S. Equal Employment Opportunity Commission filed a lawsuit on behalf of Denise Robinson against Piedmont Cheerwine Bottling Co. The EEOC said the business violated federal law after requiring a worker in Guilford County to undergo a medical examination and terminating her because of her disability.
On Thursday, May 14, both sides agreed to resolve the lawsuit by filing a consent decree. Piedmont is a sister company of Cheerwine.
Court records show that in February 2023, a district manager interviewed Robinson in person for a store merchandiser position at a Colfax facility in the Piedmont Triad area where soft drinks are manufactured and distributed.
During the interview, Robinson was asked whether she could safely do the job because of her visible limp, caused by multiple sclerosis medication, according to the EEOC lawsuit.
Multiple sclerosis is a disease where the immune system mistakenly attacks the central nervous system, damaging the protective covering around nerve fibers. More than 2.9 million people have multiple sclerosis worldwide, according to the National Multiple Sclerosis Society. The disease also impacts nearly 1 million people in the U.S.
Robinson started her job about two weeks later and worked for nearly six weeks before the company required a medical exam. This happened weeks earlier than it did for other probationary employees because of her condition, the EEOC added. Its lawsuit said the exam typically occurs after 90 days.
In late March 2023, test results showed Robinson met all physical requirements for the job, but the bottling company noted right hip restrictions and gait abnormalities. An HR manager called the results serious because of the risk of injury, according to Piedmont Cheerwine Bottling response in court records.
The bottling company placed her on unpaid leave and asked her to get medical clearance before returning. She submitted a note from her doctor, but the company rejected it and fired her, according to the lawsuit.
After Robinson filed a complaint with the EEOC, the agency issued a Letter of Determination in March 2025 accusing Piedmont Cheerwine Bottling of violating the Americans with Disabilities Act. The EEOC filed its lawsuit against the company last September in the U.S. District Court for the Middle District of North Carolina.
In a response filed in November, Piedmont Cheerwine Bottling denied the allegations and any wrongdoing or unlawful practices. The company acknowledged it uses a post-offer agility test for employees.
Piedmont Cheerwine Bottling also denied violating ADA regulations regarding medical exams, noting the exam was handled by a third-party independent physical therapist.
About the Piedmont Cheerwine Bottling settlement in EEOC case
The settlement includes the company paying Robinson $36,000 for lost wages and damages, and providing her with a neutral letter of reference confirming she met work expectations.
Piedmont Cheerwine Bottling is also required to revise its policies to explicitly prohibit disability bias, ban medical exams that violate the ADA and ensure employees with disabilities can request reasonable accommodations. Warehouse leaders must complete annual training on ADA requirements, company policy and how to provide accommodations.
Attorneys for both parties did not respond to requests for comment from The Charlotte Observer. The EEOC does not comment on ongoing litigation, according to an agency spokesperson.
About Cheerwine and Carolina Beverage Corp.
Cheerwine is a 109-year-old cherry soda created in Salisbury. L.D. Peeler started the company during a sugar shortage after meeting a salesman from St. Louis who sold him a wild cherry-flavored drink, according to the company’s website.
Carolina Beverage Corporation owns the Cheerwine soda brand, trademark, and secret cherry-flavored formula. It’s also the parent company of Piedmont Cheerwine Bottling Company handles the actual production and regional distribution.
Carolina Beverage headquarters is at 1413 Jake Alexander Blvd. S. in Salisbury. The company has between 200 and 500 employees, according to its LinkedIn page.
This story was originally published May 21, 2026 at 5:05 AM with the headline "Cheerwine soda bottling settles suit over claims it wouldn’t hire person with MS."
