Disability Discrimination Lawsuit Settlement--McDonald's Franchise Will Pay Employee $90,000
March 2, 2010
Our Long Beach, California, Labor and Employment Lawyers are following the lawsuit settlement announced today by the U.S. Equal Employment Opportunity Commission (EEOC), where a worker with an intellectual disability was allegedly discriminated against by fellow McDonald's employees at a franchise that was once owned and operated by Alstrun LLP.
The lawsuit, brought by the EEOC, alleged that Timothy Artis, a worker for the McDonald's franchise, experienced illegal harassment based on his intellectual disability, even though he was fully capable of performing his job duties as lobby and lot worker.
The suit claims that Artis was subjected disability discrimination and harassment that included offensive name-calling and comments by colleagues, managers, and supervisors, as well as physical abuse and threats. In one harassing incident Artis was threatened with a box cutter by a co-worker.
After continual complaints were made to the McDonald's supervisors and officials by Artis's mother, Artis quit his job, because the restaurant chain neglected to take the necessary action to protect him from the physical and verbal abuse in the workplace.
According to the Americans with Disabilities Act (ADA), it is against the law to harass or discriminate an employee based on disability. Under the ADA, is the responsibility of the employer to create a working environment that is free from unlawful harassment, discrimination, and abuse.
In the disability discrimination settlement, Alstrun agreed to pay $90,000 to Artis, as well as agreeing to a two-year consent decree that keeps the company from disability discrimination in the future. Alstrun will post notices about the consent decree, as well as train all supervisors and managers about the lawful protection against disability discrimination under the ADA.
The EEOC reports that in the 2009 fiscal year, disability discrimination charges increased 10% from the former year--reaching a record high of 21,451 charges.
At Howard Law, PC our employment and labor lawyers believe that all employees are entitled to a workplace free from unlawful disability discrimination and harassment. If you or someone you know has been discriminated against based on a disability in Orange County and throughout Southern California, contact our attorneys today.
McDonald's Franchise to Pay $90,000 to Settle EEOC Disability Discrimination Lawsuit, EEOC Press Release, March 2, 2010
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