A Sonic franchisee in Lucedale, Miss., has been ordered to pay $22,000 as well as adopt and implement anti-discrimination policies, training and procedures to settle a disability discrimination lawsuit filed by the Equal Employment Opportunity Commission, according to a story on WKRG. Ted Riley Corp., which owns the Sonic franchise in Lucedale, fired Alecia Lawrence after learning she is epileptic, telling her it was no longer safe for her to work around knives, ovens and other equipment due to her medical condition.
The Americans With Disabilities Act (ADA) prohibits employers from making employment decisions that are based on misconceptions, assumptions or beliefs about an individual's medical condition.
The EEOC filed suit against another Sonic franchisee in April, charging a New Iberia, La.-based Sonic restaurant franchisee with discriminating against an applicant because of her disability.
According to the EEOC's lawsuit, in October 2006, Gravlee's Sonic of New Iberia Inc., denied Shanna Proctor employment as a car hop or cook because of a speech impediment. The EEOC filed suit in U.S. District Court for the Western District of Louisiana, Lafayette Division, after first attempting to reach a voluntary settlement. The EEOC is seeking a permanent injunction prohibiting the company from engaging in disability discrimination, as well as back pay, compensatory damages, and punitive damages.
EEOC Regional Attorney Jim Sacher said in a news release, "Employers cannot expect to avoid liability for discriminating against qualified applicants with disabilities. Employment decisions must be based on merit and ability to do the job, rather than on discriminatory factors."
ADA charge filings with the EEOC nationwide increased 10 percent in fiscal year 2008 to 19,543, the highest level of disability discrimination charges since FY 1995.
