EEOC sues McDonald’s for Discrimination against Applicant who is Deaf

While many people were Christmas shopping, the U.S. Equal Employment Opportunity Commission, or EEOC, filed a lawsuit for disability discrimination against McDonald’s.

According to a Disability.gov update, the EEOC has charged McDonald’s Corporation and McDonald’s Restaurants of Missouri with disability discrimination under the Americans with Disabilities Act (ADA).

“An applicant who is deaf applied for a job at a McDonald’s in Belton, Missouri. When the restaurant learned that the applicant needed a sign language interpreter as a reasonable accommodation for his job interview, they allegedly canceled the interview and wouldn’t reschedule it,” according to the Disability.gov update.

Man speaks and sign language interpreter signs with hands what he's saying.
Sign language interpreters aren’t a want for employees who are Deaf/Hard of Hearing and request them, they are a need. While employees may not need interpreters for most tasks, if they request an interpreter, the request should be taken seriously.

How might McDonald’s management have broken the law?

According to the ADA, “Title I of the Americans with Disabilities Act of 1990 prohibits private employers, State and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including State and local governments.”

According to the EEOC’s press release, they filed a lawsuit against McDonald’s for violating federal “by refusing to accommodate and hire a deaf applicant…”

“When the Belton restaurant manager learned [the applicant] needed a sign language interpreter for his job interview, she canceled the interview and never rescheduled it, despite the [applicant’s] sister volunteering to act as the interpreter. Restaurant management continued to interview and hire new workers after [the applicant] made several attempts to schedule an interview,” according to the press release.

According to the press release, “EEOC seeks back pay, compensatory and punitive damages, and injunctive relief, including training for all McDonald’s managers on accommodations for applicants with disabilities, particularly those who are deaf.”

Disability symbol
“People with disabilities have one of the highest unemployment rates in the country,” EEOC Regional Attorney Andrea G. Baran said.

“People with disabilities have one of the highest unemployment rates in the country,” EEOC Regional Attorney Andrea G. Baran said in the press release. “Providing equal employment opportunities to all job applicants – including those with disabilities – is not just the law, it is good for our economy and our workplaces.”

According to a Disability.gov bulletin, the U.S. Equal Employment Opportunity Commission has a service for people who use American Sign Language (ASL). The Direct Video Access program helps people who are Deaf or Hard of Hearing get information in ASL about employment discrimination issues, including filing discrimination complaints. Call 844-234-5122 from 7 a.m.- 6 p.m. Eastern Time, Monday through Friday, to be connected to an EEOC representative who is fluent in ASL.

 

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