According to a recent report from 7News in Thornton, Colorado, Daphne Richards was demoted from her management position at a local Chick-fil-A restaurant when she returned to work after undergoing a double mastectomy.    Chick-fil-A management also informed Richards that her hours would be cut, her pay decreased and that she would no longer receive insurance benefits.

Attorney for Chick-fil-A, Frederick Schaefer, stated the decision to reduce Richards’ hours was because the store’s owner, “was concerned about the effect of a full-time workload after traumatic surgery.”   And, according to Schaefer,  the decision was due to Richards’ performance issues, stating, “Daphne had been written up a number of times, at least two times prior to the medical leave.”  In response to the latter, Richards denies that she received any write ups and has in her possession correspondence from the store’s owner praising her performance from April of this year.

At the request of 7News, Richards’ confidential personnel file was produced to the station. Employment attorney and law professor, Whitney Traylor, said of the file that due to various reasons the documents are, in his opinion, suspect.    One document that has been produced provides this from the store’s owner regarding Richards’ performance, that she “has been distracted with doctor’s appointments and has needed to take time off frequently.”

Other documents provide that Richards’ attitude and decision making skills were in question, and such things as trimming her nails and clocking in early were at issue as well.    Suspect to Traylor, the write-ups are not signed by Richards or any witness that could verify that such documents were provided to Richards.

Richards has filed a discrimination charge with the Colorado Civil Rights Commission.

If you or someone you know thinks they have been subjected to unlawful employment practices, the team at Radford & Keebaugh can help.   Contact us by phone at (678) 369-3609 or use our contact form.

As detailed in this article, Stefan Denisiuk interviewed for for an open assistant cook position at  a New Jersey nursing home, Holly Manor, and was informed that he had the job.    Nursing home management later contacted Denisiuk and requested that he participate in a second interview.       It was during this interview that Denisiuk was questioned about  his communication abilities.    According to a suit filed by the EEOC, the nursing home did not hire Denisiuk due to his  hearing impairment.

A spokesperson for the Holly Manor stated, “Holly Manor and Genesis Healthcare are equal opportunity employers.   We do not tolerate discrimination of any kind.”

In addition to the $$75,000 to be paid to Denisiuk as part of a  consent decree reached between the parties, Holly Manor will change the job descriptions for the positions in question and will ensure that future applicants with disabilities will be given fair opportunity for jobs that they are qualified.

The Americans with Disabilities Act prohibits employers from refusing to hire qualified individuals due to a disability.

Regional attorney for the EEOC, “This case sends a message that is at the heart of the ADA: Job applicants with disabilities should be judged on their ability to do the job and should not be rejected based on preconceived, unfounded notions about their limitations.”

If you or someone you know believe they have experienced discrimination due to a disability, the team at Radford & Keebaugh can help.   Contact us by phone at (678) 369-3609 or use our contact form.