Small and midsize business owners must be vigilant when it comes to compliance with federal employment laws, particularly those pertaining to disability discrimination. A recent lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) against a restaurant sheds light on the significant consequences that can arise from discriminatory hiring practices.
Understanding the Implications of Discriminatory Hiring Practices for Small and Midsize Businesses
The EEOC’s lawsuit alleges that the restaurant violated federal law when it subjected a job applicant with a disability to discriminatory hiring practices at its Pennsylvania location. During the interview for a busser position, the general manager asked the applicant various illegal questions related to his disability. These questions included inquiries about his use of a cane to walk, what was “wrong with” the applicant, and the severity of his disability. Subsequently, the general manager terminated the interview, and the restaurant decided not to hire the applicant based on his disability and the information obtained from the inappropriate questions.
Such conduct is in direct violation of Title I of the Americans with Disabilities Act (ADA), which prohibits discrimination based on disability or the perception of an individual as having a disability. The ADA also explicitly forbids pre-job offer inquiries of job applicants that are likely to reveal the existence, nature, or extent of a disability. The EEOC initiated the lawsuit in the U.S. District Court for the Western District of Pennsylvania in Pittsburgh, following an attempt to reach a pre-litigation settlement through the conciliation process.
Debra Lawrence, Regional Attorney for the EEOC Philadelphia District Office, emphasized that the ADA mandates that employers refrain from asking job applicants questions likely to reveal the existence or nature of a disability before making genuine, conditional offers of employment. Employers who engage in such unlawful practices or refuse to hire applicants due to their responses to such questions are in violation of federal law and will be held accountable.
Employers Will Be Held Accountable
Jamie R. Williamson, Director of the EEOC Philadelphia District Office, reaffirmed the EEOC’s commitment to enforcing the ADA and ensuring accountability for employers who discriminate against job applicants with disabilities. Discriminatory decisions based on misconceptions, fears, or stereotypes about applicants’ disabilities, or their use of assistive technologies and medical treatments, are not tolerated under federal law.
Small and midsize businesses, whether in the restaurant industry or any other sector, should take this case as a stark reminder of the importance of compliance with federal employment laws. Discriminatory hiring practices can result in severe legal consequences, tarnish a company’s reputation, and disrupt its daily operations.
Conclusion
Business owners, regardless of the size of their enterprise, should prioritize creating a workplace that adheres to the principles of equality and fairness. Understanding and abiding by federal employment laws, especially those related to disability discrimination, is not just a legal obligation but also a fundamental step in fostering a diverse and inclusive workforce. By doing so, businesses can avoid costly legal battles and build a positive reputation as employers committed to equal opportunity and diversity.