A McDonald’s franchise just recently agreed to pay $90,000 to settled a disability discrimination lawsuit brought by the Equal Employment and Opportunity Commission (EEOC) on the behalf of a worker with an mental disability. According to the lawsuit, the McDonald’s worker was subjected to harassment based on his intellectual disability. The harassment included calling him names, offensive remarks, and physical shoving and threats. While complaints were made on the worker’s behalf, the store allegedly failed to take appropriate action.

Harassment based on intellectual disability is illegal under the federal Americans with Disabilities Act (ADA). In addition, California’s Fair Employment and Housing Act (FEHA) provides similar protection to disabled individuals. However, FEHA is more expansive in some areas. Under the ADA, an employee is considered disabled if he or she has a physical or mental condition that substantially limits a major life activity, if a person has a history of a disability, or if a person is believed to have a non-transitory physical or mental impairment. Under California’s FEHA, a person may be considered disabled if he/she has a disability that limits a major life activity. Thus, in California, the limitation does not need to be ‘substantial.’ In addition, under the ADA, employment is not necessarily considered a major life activity. However, under FEHA, work is always considered a major life activity.

In order for an individual to make a claim under the ADA or FEHA, he or she must be a ‘qualified individual with a disability.’ This means that the employee must be able to do the job he or she was hired to do. If you have been a victim of employment discrimination, get help now. Contact the skilled lawyer at Law Offices of David H. Greenberg. You can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you.