A Subway franchise operating as Subway 701 in Buckeye, Arizona, has agreed to a settlement of $30,000 and other forms of relief to resolve a disability discrimination lawsuit. This action was initiated by the U.S. Equal Employment Opportunity Commission (EEOC), as announced on Thursday.
The lawsuit, filed by the EEOC, alleges that RCC Partners, LLC, the operator of Subway 701, violated the Americans with Disabilities Act (ADA). According to the EEOC, in 2019, Subway 701 hired a young man after his mother informed the restaurant of his autism and ADHD, and explained that he would require certain accommodations. The EEOC states that Subway 701 was made aware that the applicant would need clear task instructions, redirection, and follow-up to ensure task understanding.
However, the EEOC claims that Subway 701 failed to provide these necessary accommodations once the employee commenced his role. Instead, the lawsuit details that Subway 701 terminated his employment after just four shifts, citing his disability and/or need for accommodation as the reason.
This alleged conduct is a clear violation of the Americans with Disabilities Act (ADA), which protects individuals with disabilities from discrimination in the workplace. The EEOC pursued legal action in the U.S. District Court for the District of Arizona (Case No. 2:21-cv-01551) after initial attempts to reach a settlement through their conciliation process proved unsuccessful.
The consent decree, which formalizes the settlement, mandates that in addition to the $30,000 payout, RCC Partners must revise its equal employment opportunity policy. Furthermore, the company is required to conduct comprehensive training on disability discrimination, submit regular reports to the EEOC, and display an anti-discrimination notice within the workplace.
Mary Jo O’Neill, the EEOC’s regional attorney, stated, “This settlement marks a significant stride towards the EEOC’s objective of eliminating disability discrimination against employees with intellectual disabilities in the workforce.”
Melinda Caraballo, acting director of the EEOC’s Phoenix District Office, commented, “The mandated training outlined in the consent decree is crucial for educating all RCC employees on the importance of providing reasonable accommodations for individuals with disabilities.”
The EEOC’s Phoenix District Office is responsible for overseeing Arizona, Colorado, Utah, Wyoming, and parts of New Mexico. The EEOC is dedicated to promoting equal opportunity in employment by enforcing federal laws that prohibit workplace discrimination. More detailed information can be found at www.eeoc.gov. For the latest updates from the EEOC, individuals can subscribe to email updates.
