This type of conduct violates the #employment-provisions of the ADA, which prohibits employers from #discriminating-against-qualified-individuals-with-disabilities in #hiring, firing, #job-application procedures, advancement, compensation, #job-training and other terms and conditions of employment. The ADA requires employers to make #reasonable-accommodations to employees' and #applicants'-disabilities as long as it would not pose an undue hardship to the business. As a result, this Wendy's franchisee will pay $41,500 to the applicant and provide other significant relief to settle a disability discrimination lawsuit brought by the EEOC for #refusing-to-hire this applicant based on his disability.
Wendy's is also required to provide training for all managers and supervisory employees, including its company president, on the ADA. The training will include a discussion related to hiring individuals with disabilities. In addition, the training will include a specific instruction on communication devices, such as the use of the state’s Relay System or video relay service regarding communication between Wendy's employees and applicants with hearing impairments.
Has your company provided training to employees about how to respond to #applicants-with-hearing-impairments? Do your hiring managers understand the reasonable accommodation process and when it’s appropriate to discuss #reasonable-accommodation? People with disabilities can be an asset to your company.
Contact Springboard if you have questions about #ADA-training tailored to your company’s needs.
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.