Disabled applicant wins settlement in hiring discrimination case
The Americans with Disabilities Act protects disabled workers in New Jersey and around the country from discrimination in the workplace. If otherwise qualified for the position, disabled persons have the right to receive equal treatment from employers in the application and hiring process, in decisions regarding promotion and compensation, and in issues related to termination.
According to a recently settled disability discrimination lawsuit, however, one fast food restaurant failed to abide by the provisions of the ADA. The general manager of a Wendy’s franchise refused to hire a hearing-impaired applicant after conducting an interview with the person. The general manager told the applicant that if they could not communicate with him, there was no place for him at the restaurant.
The man was certainly qualified for the cook position he sought. He had previously been employed for two years at a different fast food hamburger restaurant. In agreeing to settle the case, Wendy’s will provide $41,500 in compensation to the applicant. To prevent further incidents of workplace discrimination, Wendy’s will train its supervisors and managers on compliance with the ADA.
In addition to protecting qualified persons from discrimination, the ADA also requires employers to provide reasonable accommodations for disabled workers unless the accommodation would constitute an “undue hardship” on the company. In this case, it appears that there were video and telephone devices available that could have facilitated communication between the applicant and other employees without placing an undue hardship on the fast food restaurant.
The disability discrimination suit was brought on behalf of the applicant by the U.S. Equal Employment Opportunity Commission.
Source: U.S. Equal Employment Opportunity Commission, “Wendy’s Franchisee to Pay $41,500 to Settle EEOC Disability Discrimination Suit,” Oct. 10, 2012
• Disabled applicants and employees should know their rights under the ADA. You can learn more by visiting our Mercer County employment discrimination page.