Ty Hyderally is an expert at employment law. He has spent years successfully litigating for his clients and continues to carefully study employment law cases in order to stay up on all the current rulings. He travels extensively in order to educate both employees and employers about the various aspects of employment law and how it affects the workplace. He also offers counsel to businesses to help them set the proper forms and steps of action in place so that the company can protect themselves from possible legal action. As a NY lawyer, he is well aware of employment law on both the local and national levels. Having this expansive knowledge allows him to help employers keep their workplace free from discriminatory actions. Here is an employment law case which demonstrates how a company can be at fault for the discriminatory actions of their employees who are in a supervisory position.
EEOC vs. Wendy’s
The Equal Employment Opportunity Commission (EEOC) filed a lawsuit against a Wendy’s franchise located in Killeen, Texas. Michael Harrison, Jr. applied for the position of cook. He was well qualified and had adequate experience for the job for which he was applying. He had worked as a cook specifically in the fast food industry and had worked at another hamburger franchise for more than two years previously. Mr. Harrison had a successful interview with the shift manager for the restaurant but needed to interview with the general manager in order to complete the interview process.
The interview with the general manager was conducted via the Texas Relay, which is a telephonic system that is designed for use by individuals who have hearing impairments. According to Harrison he was told during the interview conducted by way of the Texas Relay that there was “really no place for someone we cannot communicate with.” This statement by the general manager is a violation of the Americans with Disabilities Act (ADA). The ADA prohibits employers from this type of discrimination against otherwise qualified individuals who have a disability. They cannot use discriminatory practices for hiring, firing, advancement, job application procedures, job training or any other conditions or terms of employment. The ADA also requires that an employer make whatever reasonable accommodations need to be made for an applicant or an employee with a disability as long as doing so is not an undue hardship on the business. The EEOC tried to reach a settlement prior to filing suit in the US District Court for the Western District of Texas.
Settlement and Changes of Procedure
IN the way of settlement, Wendy’s paid Mr. Harrison $41,500 in relief. They also agreed that they would provide specialized training on the ADA for all of its managers and those in supervisory positions. Training is to include hiring individuals who have disabilities. It must also include training on how to use communication devices like the Texas Relay System or a video relay service between applicants with a hearing impairment and Wendy’s employees. The Attorney for the Dallas District Office applauded Mr. Harrison for coming forward to report the actions committed against him. He also applauded Wendy’s for working to correct the situation by committing to provide training for employees and for compensating the applicant who was denied employment based on his hearing impairment.