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RCC Partners to Pay $30,000 to Settle EEOC Disability Discrimination Lawsuit

5/1/2022

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​Subway Franchise Failed to Accommodate an Autistic Worker and Then Fired Him Because of His Disability, Federal Agency ChargesPHOENIX – RCC Partners, LLC, doing business as sandwich shop Subway 701 in Buckeye, Arizona, will pay $30,000 and furnish other relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
According to the EEOC’s lawsuit, Subway 701 hired a young man in 2019 after his mother explained to the restaurant that he needed accommodations because of his autism and ADHD. The EEOC said that Subway 701 knew from that conversation that the applicant would need specific in­structions for tasks, redirection, and someone to follow up to make sure he understood the task. But, the EEOC said, Subway did not provide those accommodations when the new hire started work. Instead, Subway 701 fired him after only four shifts because of his disability and/or his need for accommodation.
Such alleged conduct violates the Americans with Disabilities Act (ADA). The EEOC filed suit in U.S. District Court for the District of Arizona (EEOC v. RCC Partners, LLC d/b/a Subway 701, Case No. 2:21-cv-01551) after first attempting to reach a pre-litigation settlement through its conciliation process.
In addition to the $30,000 in damages, the consent decree settling the suit requires RCC Partners to amend its equal employment opportunity policy; conduct training on disability discrimination; provide reports to the EEOC; and post an anti-discrimination notice.
“This settlement represents a step towards the EEOC’s goal of eradicating disability discrimination against workers with intellectual disabilities in the workplace,” said the EEOC’s regional attorney, Mary Jo O’Neill.
Melinda Caraballo, the EEOC’s Phoenix District Office acting director, added, “The additional training required by the consent decree will help educate all RCC employees on the importance of accommodating people with disabilities.”
The EEOC’s Phoenix District Office has jurisdiction for Arizona, Colorado, Utah, Wyoming and part of New Mexico.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
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EEOC Sues North Memorial Health for Disability Discrimination Against Deaf Applicant

4/1/2022

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​Health Care Provider Failed to Hire and Provide Reasonable Accommodation to Qualified Applicant for Greeter Position, Federal Agency ClaimsMINNEAPOLIS – North Memorial Health violated civil rights law when it failed to hire an applicant who is deaf because of her disability and failed to provide her a reasonable accommodation, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed in Minnesota today.
According to the EEOC’s lawsuit, the individual applied for a greeter position in July 2020 at North Memorial Health, which is a health care provider that operates two hospitals and 26 specialty and primary care clinics, urgent and emergency care facilities and medical transportation services throughout the Twin Cities metropolitan area. The applicant was qualified for the greeter position and could perform the essential functions of the job which included greeting visitors, communicating COVID-19 masking standards and policies, giving directions and keeping the area tidy and welcoming. The EEOC’s lawsuit alleges that North Memorial Health failed to accommodate and hire the applicant because of her disability.
This alleged conduct violates the Americans with Disabilities Act of 1990 (ADA), as amended by the Americans with Disabilities Amendments Act of 2008 (ADAA), which makes it unlawful to discrim­inate against, fail to hire, and fail to accommodate qualified individuals with disabilities. The EEOC filed suit in U.S. District Court for the District of Minnesota (Equal Employment Opportunity Commission v. North Memorial Health, Civil Action No. 22-cv-777 NEB/TNL) after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC seeks back pay, compensatory and punitive damages as well as injunctive relief.
“It is illegal under the ADA to refuse to hire an applicant because she is deaf or hearing-impaired,” said Julianne Bowman, district director of the EEOC’s Chicago District. “Discrimination against applicants with disabilities is a problem that the EEOC will continue to vigorously address.”
Gregory Gochanour, regional attorney for the EEOC’s Chicago District, said, “Unfortunately, when deaf people apply for jobs, some still encounter discrimination. Some employers erroneously believe that they cannot perform the job because of their disability or discriminate against them based on myths, fears and stereotypes. The EEOC will prosecute such violations of the ADA to ensure that deaf and hearing-impaired workers are not subjected to discrimination.”
For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.
The EEOC’s legal team in its Minneapolis Area Office will conduct the litigation under the management of the agency’s Chicago District Office. That office is responsible for processing charges of discrimination, administrative enforcement and litigation in Minnesota, North Dakota, South Dakota, Wisconsin, Illinois and Iowa, with Area Offices in Milwaukee and Minneapolis.
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
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