A hearing impaired fast food cook says that he was seeking a job with a Wendy's franchise and the interview process started well enough. The man had had a successful interview with a shift manager at the fast food franchise, but when it came time to interview with a new general manager, things did not go so well. The interview was conducted over the phone and the experienced fast food cook used a telephone relay system set up for hearing impaired people.
A recent disability discrimination lawsuit says that the general manager told the job applicant bad news during that phone interview. The general manager reportedly said that "there is really no place for someone we cannot communicate with."
While the recent disability discrimination lawsuit has been filed against a Wendy's franchisee in Texas, South Florida employment discrimination lawyers know that he Americans with Disabilities Act applies to job applicants, as well as current employees.
The ADA is intended to eliminate discriminatory practices based upon a disability at all stages of the employment process. Naturally, the job application process itself is important for disabled workers. The ADA requires employers to make reasonable accommodations for otherwise qualified disabled workers for job applicants and employees alike, as long as any reasonable accommodation does not pose an undue hardship upon the employer.
A regional EEOC attorney in the area where the disability discrimination lawsuit was filed says that the job 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."
Source: EEOC, "Wendy's Franchisee Sued by EEOC for Disability Discrimination," April 17, 2012