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ADA Blog

 

ADA Blog #164

#Phoenix Restaurant Fired Server Because of His #Traumatic #Brain #Injury (follow up)
As we learned from the #Outback #Steakhouse’s #disability #discrimination settlement with the #EEOC, a company’s best laid plans to train employees about discrimination laws can go awry if the training is not an integral part of new employee onboarding.

To refresh your memory…Days after a new manager took over at Outback's Phoenix Metrocenter location, a server, who had worked successfully under Outback's prior manager, was fired because of his disability, traumatic brain injury. The Brain Injury Association of America (2006a) estimates that every year about 1.4 million Americans experience a traumatic brain injury.

Every EEOC settlement agreement includes a requirement for employers to train their managers and supervisors training. Such training helps these important personnel gain a general awareness of the #ADA and explains why it is important to understand how the law works. This program should outlines what supervisors must do when dealing with ADA issues in order to assist employees who request #accommodations and help the company stay in compliance. However, the program can only be effective if it’s an integral part of the company’s onboarding process. Don’t get caught in Outback’s situation. Make sure all new hires receive appropriate training before they engage with your employees and potentially put your company at risk for unintentional discrimination.

And remember: Employees only need to disclose their disability if/when they need an accommodation to perform the essential functions of the job. Applicants never have to disclose a disability on a job application, or in the job interview, unless they need an accommodation to assist them in the application or interview process.

This information should not be construed as “legal advice” for a particular set of facts or circumstances. It is intended only to be a practical guide for participants familiar with this subject. Users should seek appropriate legal advice tailored to address their specific situation.

 




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