Michael Harrison Jr. the plaintiff filed a complaint with the EEOC against the defendant Killeen Fast- Food Restaurant (Wendy’s) for refusal to hire him based on his hearing impairment despite his qualifications. The EEOC filed suit in the U. S.
District Court for the Western District of Texas Waco Division, the general manager of the restaurant refused to hire Michael Harrison Jr. for a cooker position despite his qualifications and experience, upon learning that Harrison is hearing- impaired. Harrison had experience in the fast food industry, previously working for a fast food hamburger franchise for over two years.Harrison stated that after successfully interviewing with the Wendy’s shift manager, he attempted to complete his interview process by interviewing with the general manager via Texas Relay, a telephonic system utilized by people with hearing impairments.
Harrison told the EEOC that during the Texas Relay call he was told by the general manager that “there is really no place for someone we cannot communicate with. ” EEOC filed suit in the US District Court of Texas after first attempting to reach a pre- litigation settlement through its conciliation process.The EEOC charged the company with unlawfully denying employment to a hearing impaired applicant because of his disability. III. Laws Such alleged conduct violates Title 1 of the Americans with Disabilities Act (ADA), which prohibits employers from discriminating against qualified individuals with disabilities in hiring, firing, job application procedures, advancement, compensation, job training and other terms and conditions of employment. The ADA requires employers to make reasonable accommodations to employees’ and applicants’ disabilities as long as it would not pose undue hardship to the business. IV.Final decision of the court The U.
S. District Court for the Western District of Texas found in favor of Michael Harrison Jr. Under the terms of the two – year consent decree setting this case, Wendy’s will pay 41,500 in relief to Harrison. In addition, Wendy’s has agreed to provide training for all managers and supervisory employees, including its company president on the ADA. The training will include a specific instruction on communication devices, such as the use of the Texas Relay System or video rely service regarding communication between Wendy’s employees and applicants with hearing impairments.V. HR Analysis Applicants with disabilities can be productive workers when they are given the opportunity to apply for jobs. Wendy’s is taking the necessary steps to accommodate hearing impaired employees by training the managers and supervisory employees related to hiring individuals with disabilities.
The training extends to specific instruction on communication devices regarding communication between its employees and applicants. They are committing to training its employees about how to respond to applicants with hearing impairments.They could further their commitment by using computer and speech recognition software to communicate one on one. They could use monitors or text messaging as written communication. They could also use personal listening devices (ADL) or portable assistive listening systems if the employee can benefit from amplication. They should also have diversity training. The HR professionals need to help identify how to comply with the EEOC and understand their policies and enforce them with all management.
Employers can provide reasonable accommodations according to individual needs.They can modify equipment, restructure jobs, and insure a comfortable working environment. They can provide qualified readers or interrupters. There are benefits for hiring applicants with disabilities which include tax credits to cover the cost of accommodations. Hiring disabled persons can offer a number of important financial, legal, public relations and productivity advantages and also avoid lawsuits.
Wendy’s franchisees would benefit by training all its managers on the benefits of hiring disabled employees. They should not only accommodate the employee for their disability but make them feel welcome.This would help prevent any further lawsuits. Works Cited EEOC. “Wendy’s Franchisee to pay 41,500 to settle EEOC Disability Discrimination Suit” Press Release 10 October 2012. http://wwwl. eeoc. gov/newsroom/release.
Web. Joseph, Chris. Demand Media” The Advantages of Hiring Disabled People in a Company” smallbusiness. chron.
com. Web Noe, Raymond A. , John R. Hollenbeck, Barry Gerhart, and Patrick M. Wright.
“American with disabilities Act (ADC) of 1990. ” Fundamentals of Human Resource Management 5th ed. New York: McGraw- Hill Irwin, 2012.