{"id":18374,"date":"2012-04-18T16:59:02","date_gmt":"2012-04-18T21:59:02","guid":{"rendered":"http:\/\/deafnetwork.com\/wordpress\/?p=18374"},"modified":"2012-04-18T17:18:24","modified_gmt":"2012-04-18T22:18:24","slug":"wendys-in-texas-sued-for-refusing-to-hire-hearing-impaired-applicant","status":"publish","type":"post","link":"https:\/\/deafnetwork.com\/wordpress\/blog\/2012\/04\/18\/wendys-in-texas-sued-for-refusing-to-hire-hearing-impaired-applicant\/","title":{"rendered":"Wendy\u2019s in Texas Sued for Refusing to Hire Hearing-Impaired Applicant"},"content":{"rendered":"

Wendy\u2019s in Texas Sued for Refusing to Hire Hearing-Impaired Applicant<\/strong><\/p>\n

April 18, 2012<\/p>\n

A franchisee of popular fast-food chain, Wendy\u2019s, will be facing a lawsuit for allegedly discriminating against a job applicant with a disability. The U.S. Equal Employment Opportunity Commission (EEOC) recently filed the suit against CTW LLC after a hearing-impaired applicant with suitable qualifications and experience was not hired.<\/p>\n

The job hopeful had applied for a cooker position at a Wendy\u2019s in Killeen, TX. He had previously worked for a different fast-food franchise for more than two years. The man had been interviewed by the restaurant\u2019s shift manager and later tried to complete the interview process with the general manager utilizing Texas Relay, a telephonic system for people who are hearing impaired. The man alleges that during this call the general manager stated that \u201cthere is really no place for someone we cannot communicate with.\u201d<\/p>\n

The EEOC\u2019s lawsuit was filed in the U.S. District Court for the Western District of Texas, Waco Division. It cites a violation of the Americans with Disabilities Act (ADA). The ADA was intended to prevent discrimination against those with disabilities. Employers are likewise required to make reasonable accommodations to employees and applicants with disabilities, provided said accommodations do not create any \u201cundue hardship.\u201d<\/p>\n

In answering questions of hearing-impaired employees, the EEOC states that an employer, upon learning that an applicant has such a disability, should ask the applicant for information to determine if reasonable accommodations can be made. Accommodations can include modifications or amendments such as a sign language interpreter, a text telephone or similar devices, appropriate emergency notification systems (with visual components), written memos and notes, adjusted work areas, assistive software and listening devices, or an alteration the employee\u2019s marginal (or non-essential) job duties.<\/p>\n

\u201cIn these tough economic times, opportunities for employment are at a premium,\u201d said Robert A. Canino, regional attorney for the EEOC\u2019s Dallas District Office. \u201cHere, [the applicant] had the work experience necessary to do the job and was prepared to contribute his solid work ethic and skills again to the food retail business, but was denied the chance to do so on irrelevant and unlawful grounds.\u201d<\/p>\n

The EEOC is seeking lost wages and compensatory damages for the hearing-impaired man and punitive damages against CTW LLC, as well as injunctive relief. Such relief would entail the creation of policies specifically to prevent and amend any potential discrimination based on a person\u2019s disability. The pending lawsuit was filed after the EEOC had first attempted to reach a pre-litigation settlement with the restaurant through the Commission\u2019s conciliation process.<\/p>\n

Joel Clark, a trial attorney for the EEOC, said that \u201cthe ADA requires companies to treat disabled persons the same as all other applicants for a job.\u201d Clark asserted that the restaurant had \u201cautomatically refused\u201d to consider the man for the position based only on his hearing impairment and that it \u201cshould not have relied on its own negative, generalized assumptions about [the man\u2019s] ability to communicate.\u201d<\/p>\n

Source:<\/p>\n

http:\/\/www.humanresourcesjournal.com\/2012\/04\/wendys-in-texas-sued-for-refusing-to-hire-hearing-impaired-applicant\/<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Wendy\u2019s in Texas Sued for Refusing to Hire Hearing-Impaired Applicant April 18, 2012 A franchisee of popular fast-food chain, Wendy\u2019s, will be facing a lawsuit for allegedly discriminating against a job applicant with a disability. The U.S. Equal Employment Opportunity…<\/p>\n

Read more →<\/a><\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_crdt_document":"","advanced_seo_description":"","jetpack_seo_html_title":"","jetpack_seo_noindex":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[2],"tags":[1204,114,771,13500,4621,24,1201,1208,1918,2750,13501,11336,9719,178,13502,3554,17,1410,13503,6874,13498,13499,13497],"class_list":["post-18374","post","type-post","status-publish","format-standard","hentry","category-deaf-news","tag-accommodations","tag-ada","tag-american-disabilities-of-act","tag-applicants","tag-article","tag-deaf","tag-eeoc","tag-equal-employment-opportunity-commission","tag-experience","tag-hearing-impaired","tag-joel-clark","tag-killeen","tag-lawsuit","tag-restaurant","tag-robert-a-canino","tag-sign-language-interpreter","tag-texas","tag-texas-relay","tag-text-telephone","tag-u-s-district-court","tag-waco-division","tag-wendys","tag-western-district-of-texas"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_likes_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p752R-4Mm","jetpack-related-posts":[{"id":20320,"url":"https:\/\/deafnetwork.com\/wordpress\/blog\/2012\/10\/12\/fast-food-franchisee-settles-ada-charges-brought-by-eeoc\/","url_meta":{"origin":18374,"position":0},"title":"Fast-Food Franchisee Settles ADA Charges Brought by EEOC","author":"Grant Laird Jr","date":"October 12, 2012","format":false,"excerpt":"Fast-Food Franchisee Settles ADA Charges Brought by EEOC In the suit filed in April against Waco, Texas-based CTW L.L.C., which does business as Wendy's, the EEOC alleged that the company violated the Americans with Disabilities Act of 1990 by denying job applicant Michael Harrison employment at its Wendy's franchise in\u2026","rel":"","context":"In "General"","block_context":{"text":"General","link":"https:\/\/deafnetwork.com\/wordpress\/blog\/category\/deaf-news\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":11810,"url":"https:\/\/deafnetwork.com\/wordpress\/blog\/2010\/09\/24\/jury-awards-184400-against-smith-personnel-solutions-in-eeoc-disability-harassment-case\/","url_meta":{"origin":18374,"position":1},"title":"Jury Awards $184,400 Against Smith Personnel Solutions in EEOC Disability Harassment Case","author":"Grant Laird Jr","date":"September 24, 2010","format":false,"excerpt":"U.S Equal Employment Opportunity Commission 207 S. 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