MCDONALD’S FRANCHISE SUED FOR DISABILITY DISCRIMINATION.
A McDonald’s franchise was recently sued for allowing the continual harassment of a worker with a mental disability. The lawsuit was brought by the Equal Employment and Opportunity Commission (EEOC) against the company. The alleged victim of the discrimination, Timothy Artis, was called derogatory names and received physical threats. Artis was called “dumb,” “retarded,” and “stupid.” The lawsuit also claimed he was threatened with a box cutter, shoved, and pushed at work.
The federal Americans with Disabilities Act (ADA) forbids employers from discriminating against employees on the basis of a disability. California’s Fair Employment and Housing Act (FEHA) also prohibits this type of discrimination. The ADA applies to employers with 15 or more employees, and FEHA applies to employers with 5 or more employees. Under the ADA, a boss is prohibited from discriminating against a qualified individual with a disability in relation to hiring, firing, salary, job training opportunities, etc. A qualified individual with a disability is one who is able to perform the tasks of the job with or without reasonable accommodation. “Reasonable accommodation” may include making existing facilities usable by employees with disabilities, job restructuring, modifying schedules, acquiring or modifying equipment or devices, etc.
If you have been a victim of disability discrimination, stand up for your rights at work. In 2008 alone, the EEOC received over 19,400 charges of disability discrimination and recovered over $57.2 million in damages. Call our team of experienced attorneys at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here for you.