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.