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May 14, 2024
The U.S. Equal Employment Opportunity Commission (EEOC) recently announced a settlement with an Olive Garden restaurant in the Pittsburgh, Pennsylvania area to resolve a disability discrimination claim.
The EEOC alleged that an Olive Garden general manager refused to hire a job applicant for a busser position because of his disability (ataxia) after asking unlawful disability-related questions during the applicant’s job interview. Specifically, the applicant attended a first and second interview using a cane to assist him with walking. The general manager/interviewer in the second interview allegedly asked the applicant questions, such as (1) what was “wrong with” him; (2) how long had he used the cane; (3) if he would always use the cane in the future; and (4) how “bad” his disorder was. The applicant responded to these questions, and Olive Garden declined to hire him.
The consent decree that resolved the lawsuit requires Olive Garden to pay $30,000 to the job applicant and prohibits Olive Garden from engaging in disability discrimination, conducting unlawful disability-related inquiries or medical examination of job applicants, or taking employment actions based on information obtained through such unlawful inquiries. The consent decree further requires Olive Garden to provide mandatory training on the Americans with Disabilities Act (ADA) to the general manager/interviewer and certain other personnel and requires that Olive Garden report various information to the EEOC concerning its employment practices at the Pittsburgh area location.
The case was EEOC v. GMRI, Inc. d/b/a Olive Garden, No. 2:23-cv-01448-NR (W.D.Pa).
Employers: The ADA allows you to make inquiries prior to an offer of employment regarding the ability of a job applicant to perform job-related functions. However, with limited exceptions, it precludes you from inquiring whether the applicant has a disability or the nature or severity of the disability.
As EEOC Regional Attorney Debra Lawrence noted, illegal disability-related inquiries “often produce employment decisions rooted in prejudice, implicit bias, unfounded fears or assumptions, or a desire to evade the legal duty to provide reasonable accommodations.”
This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice. Always consult an attorney with specific legal issues.
