Restaurant Disability Discrimination Lawsuit

The Equal Employment Opportunity Commission (”EEOC”) Miami District Director, Jacqueline McNair, stated in July 28, 2009 EEOC Press Release that “Under the Americans with Disabilities Act, it is unlawful for an employer to discriminate against an individual who has a relationship or association with a person who has a disability, or because an individual is perceived to have a disability.”  In this regard, EEOC attorneys filed a disability discrimination lawsuit against a steak and seafood restaurant in Florida, charging that the restaurant violated federal law by discriminating against a female food server it regarded as being disabled and because of her relationship to a person with a disability.  According to the EEOC Press Release, when the restaurant discovered that the server had a son with a disability, it demanded that she take a prohibited medical test.  See, http://www.eeoc.gov/press/7-28-09a.html .  In addition, the EEOC claims that when the server refused to take the test, the restaurant reduced her working hours, scheduled her to work on days when she was unavailable, and ultimately fired her.  As stated in the EEOC Press Release, the restaurant terminated the server because it regarded her as disabled and because of her association with her disabled son. 

For its own part, the EEOC Miami District Office is responsible for processing charges of discrimination, administrative enforcement and litigation in Florida, Puerto Rico and the Virgin Islands.  During Fiscal Year 2008, disability discrimination charge filings with the EEOC nationwide rose to 19,453 - an increase of 10 percent from the prior fiscal year and the highest level in 14 years.  Further information about the EEOC is available at www.eeoc.gov .