The Devadoss Law Firm, P.L.L.C.

"Service those who serve in government"

Call now for a free consultation

888-351-0424

Exclusively Representing Federal Employees Nationwide

Main Menu

Representing federal employees throughout the United States.

Firm Overview
Practice Areas

Disabled man files discrimination lawsuit against Wendy's

With the economy and jobs at a premium these days, it is definitely an employer's market for job seekers. Unemployment remains high in many areas and the jobs that are available are highly competitive, even in the fast food industry. This week a suit was filed by the U.S. Equal Employment Opportunity Commission against a Wendy's franchisee in Killeen, Texas.

The suit was filed by a hearing impaired man who felt that he was denied employment because of his disability. In court documents, the suit alleges that the man had previous experience from a different fast food establishment and had successfully interviewed with a Wendy's shift manager.

The second part of the interview process involved a phone interview with the general manager. The call was arranged through a Texas Relay, which is a telephonic system that is used by people with hearing impairments. The general manager refused to conduct the phone interview with the man. In the complaint the man alleges that the general manager told him that he didn't take the call because there was no position at Wendy's for someone that the crew could not communicate with.

According to the Americans with Disabilities Act, it prohibits disability discrimination and requires employers to make reasonable accommodations to employees' and applicants' disabilities as long as it does not cause the employer a hardship. In this case, the EEOC feels that the employer did not make an effort with this potential employee even though the man had a solid work history in the retail food industry and he was denied the opportunity based on his disability.

The lawsuit seeks injunctive relief, including developing policies to prevent and correct disability discrimination. In addition, the suit seeks lost wages and compensatory damages for the man and punitive damages against this Wendy's franchise. The EEOC filed suit after attempting to reach a pre-litigation settlement.

The ADA requires companies to treat disabled applicants the same as other applicants and for companies to assume that a disabled person would not work out, is a bias that needs to be removed from all hiring processes.

Source: EEOC.gov, "Wendy's Franchisee Sued by EEOC for Disability Discrimination," April 17, 2012

No Comments

Leave a comment
Comment Information

Free Case Evaluation:

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Client Testimonials:

  • "The Devadoss Law Firm has to be the best kept secret in the State of Texas, and I cannot imagine a person with a legal concern not using them. This firm and its personnel were caring, and administered my case professionally."
  • "Bobby knew how to deal with the federal government and its bureaucracy. The firm charged me reasonable fees for its services and got me the results that I was seeking in my case. "
  • "I was wrongfully terminated and this law firm helped me get my job back. Bobby Devadoss always kept me informed about the status of my case and he got me the results that I was seeking in my case."
Client Testimonials
Back to Top