Subway, a well-known sandwich franchise with numerous partners across the United States, recently saw one of its franchisees, RCC Partners, LLC, operating as Subway 701 in Buckeye, Arizona, involved in a disability discrimination lawsuit. This case, brought by the U.S. Equal Employment Opportunity Commission (EEOC), underscores the importance of ADA (Americans with Disabilities Act) compliance for all Subway partners and the broader business community. The lawsuit highlights critical issues surrounding workplace accommodations and the rights of employees with disabilities within the franchise system.
The EEOC’s lawsuit detailed an incident where Subway 701 allegedly discriminated against a young man hired in 2019. During the hiring process, the applicant’s mother informed the restaurant about his autism and ADHD, explaining that he would require specific support, including task instructions, redirection, and follow-up to ensure task comprehension. According to the EEOC, Subway 701 acknowledged these needs but failed to provide the necessary accommodations once the employee commenced work. Instead of offering support, the lawsuit claims Subway 701 terminated his employment after a mere four shifts, citing his disability and/or need for accommodation as the reason.
This alleged conduct directly violates the Americans with Disabilities Act (ADA), which mandates reasonable accommodations for employees with disabilities. The EEOC initiated legal proceedings in the U.S. District Court for the District of Arizona after failing to reach a pre-litigation settlement through its conciliation efforts. The case, EEOC v. RCC Partners, LLC d/b/a Subway 701, Case No. 2:21-cv-01551, concluded with a consent decree requiring RCC Partners to pay $30,000 in damages and implement several corrective measures.
Beyond the financial settlement, the consent decree mandates significant changes in RCC Partners’ practices. These include revising their equal employment opportunity policy, conducting comprehensive training on disability discrimination for all employees, submitting regular reports to the EEOC to ensure ongoing compliance, and prominently displaying an anti-discrimination notice within the workplace. These stipulations aim to prevent future occurrences of discrimination and foster a more inclusive environment for individuals with disabilities working for Subway partners.
Mary Jo O’Neill, the EEOC’s regional attorney, emphasized the broader implications of this settlement, stating, “This settlement represents a step towards the EEOC’s goal of eradicating disability discrimination against workers with intellectual disabilities in the workplace.” Melinda Caraballo, acting director of the EEOC’s Phoenix District Office, further added that the required training “will help educate all RCC employees on the importance of accommodating people with disabilities.”
This case serves as a crucial reminder to all businesses, including Subway partners and franchisees, about their obligations under the ADA. Ensuring equal opportunities and providing necessary accommodations for employees with disabilities is not only a legal requirement but also a fundamental aspect of creating a fair and equitable workplace. The EEOC remains committed to enforcing federal laws prohibiting employment discrimination and providing resources to both employers and employees to foster inclusive work environments. For more information about the EEOC and its mission, please visit www.eeoc.gov.
