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Disability Discrimination: Reason Why EEOC is Not Lovin' McDonald's Decision

By Edited Sep 26, 2016 0 0

Disability discrimination

“I’m lovin’ it” – this has been the recurring slogan of the popular fast food restaurant, McDonald’s; however, now, one thing is for sure, the fast food giant is not loving the employment discrimination case charged by the Equal Employment Opportunity Commission (EEOC).

According to a press release by EEOC, Alia Corporation, a property management firm and owner of some McDonald’s establishments in California, has illegally demoted an employee due to his cerebral palsy. The incident forced the employee to quit his job. In the press release, EEOC has announced that the Commission has filed a disability discrimination charge against the company.

Not Lovin’ It

 The discriminated employee, Derrick Morgan, had been working for a McDonald’s restaurant in California for years; he started as a crew member and was promoted to floor supervisor. According to EEOC, Morgan never had problems with the fast food chain’s prior management, but when the Alia Corporation in 2009 assumed control of the restaurant, he started to experience disability discrimination.

 When the new management found out that Morgan is suffering from cerebral palsy, he was demoted to janitorial position and his hours of work and hourly wages were reduced, making it difficult for him to support his financial needs. Because of this, he was forced to quit his work.

EEOC’s Actions

 Upon receiving the complaint of Morgan, the local office of EEOC has made legal actions against Alia Corporation.  According to EEOC’s press release, the action done by the company has clearly violated the provisions set by the Americans with Disabilities Act (ADA) and should face legal consequences for such infraction.

In the suit filed by EEOC, Morgan’s employers are demanded to provide back pay, and compensatory and punitive damages to the victim. 

 

About ADA

 Under ADA, it is unlawful for employers with 15 or more workers to discriminate against qualified employees based on their physical or mental disability.

Pursuant to ADA, employers are not allowed to commit any disability discriminatory acts in all employment practices such as:

  • Recruitment
  • Hiring
  • Terminating
  • Training
  • Job assignments
  • Pay
  • Benefits
  • Leave
  • Promotion
  • Demotion

In case that an employer has a disabled yet qualified employee, the ADA requires the former to provide reasonable accommodation to the later. According to ADA, a reasonable accommodation is any modification or adjustment to a job or work environment that would allow a qualified disabled employee or applicant to perform work tasks efficiently.

eeoc.gov/eeoc/newsroom/release/9-14-11b.cfm

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