EEOC Sues Owner of Leading Fast Food Chain for Disability Discrimination

Source: U.S. Equal Employment Opportunity Commission (EEOC)

FRESNO, Calif. –A property management company and owner of a leading fast food franchise in Oakhurst, Calif., unlawfully demoted a supervisor because of his cerebral palsy and forced him to quit, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a disability discrimination lawsuit it recently filed.

Derrick Morgan had worked under a prior owner of the company without problems since 2006, according to the EEOC.  In fact, Morgan was promoted from crew member to floor supervisor in 2008 and was generally known to be a good employee. By January 2009, the new owner – which operates over 20 fast food franchise locations throughout central California – assumed control of the restaurant in Oakhurst. Within a couple of months, new management demoted Morgan to a janitorial position, cut his hours nearly in half and reduced his hourly wages, the EEOC asserted.  Due to the steep reduction in income, Morgan was forced to quit by June 2009. 

The EEOC filed against the Merced, Calif.-based company in U.S. District Court of the Eastern District of California after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC’s suit argues the compnay engaged in disability discrimination that violates the Americans With Disabilities Act (ADA).  The suit seeks back pay and compensatory and punitive damages on behalf of Morgan along with injunctive relief intended to prevent further instances of discrimination.  

“Employers must let go of their stereotypes and fears about employing people with disabilities,” said Anna Y. Park, regional attorney for the EEOC’s Los Angeles District Office, which includes Fresno in its jurisdiction. “This is a case where the company illegally stripped a well-qualified worker of his ability to earn a living due to misperceptions about his disability.”

Melissa Barrios, director of the EEOC’s Fresno Local Office, said, “People with disabilities have the same right to work as the rest of us. In recent years, the laws against disability discrimination have become more flexible to cover most all individuals who suffer bias as a result of a physical or mental condition.”

The EEOC is the federal agency that enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on the agency’s web site at www.eeoc.gov.

Disability discrimination claims have been higher than ever in recent years. Now is the time to protect your company by understanding the federal laws that prohibit discrimination, and safeguarding your company with proper training and education. To learn more, contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.