McDonald’s in Arkansas Sued for Disability Discrimination

The Equal Employment Opportunity Commission (EEOC) continues to pursue companies that violate the Americans with Disabilities Act (ADA).

Matthews Management Company in Arkansas owns 34 McDonald’s restaurant franchises. It operates all of the McDonald’s restaurants in Northwest Arkansas, including some restaurants in nearby areas of Oklahoma and Missouri.

Details of the Lawsuit Brought Against McDonald’s

On Tuesday, July 5, 2016, the EEOC filed a lawsuit against the Matthews Management Company and Peach Orchard, Inc. in Bentonville, Arkansas for ADA violations. The restaurant fired an employee several days after discovering the employee had tested positive for HIV. In addition to allegations of termination based on disability, the lawsuit alleges that the company’s policy of requiring all employees to report prescription medication use violates the ADA.

The EEOC states that it first attempted to settle the matter through a pre-litigation conciliation process but was unsuccessful. The EEOC seeks the following damages:

• Back pay
• Compensatory damages
• Punitive damages
• Compensation for lost benefits
• Removal of the prescription medication policy
• Injunction against future discrimination

What Questions about Medical Issues Violate the ADA?

According to the EEOC, an employer may make medical inquiries after employment begins — only if they are job-related and consistent with business necessity.

The ADA restricts disability-related inquiries, such as:

• “Asking an employee whether s/he has (or ever had) a disability or how s/he became disabled or inquiring about the nature or severity of an employee’s disability
• Asking an employee to provide medical documentation regarding his/her disability
• Asking an employee’s co-worker, family member, doctor, or another person about an employee’s disability
• Asking about an employee’s genetic information
• Asking about an employee’s prior workers’ compensation history
• Asking an employee whether s/he currently is taking any prescription drugs or medications, whether s/he has taken any such drugs or medications in the past, or monitoring an employee’s taking of such drugs or medications”
• Asking an employee a broad question about his/her impairments that is likely to elicit information about a disability (e.g., What impairments do you have?)”

Protect Your Business Against Legal Issues

As a business owner, it’s wise to consult with an experienced employment law attorney and put policies in place that help you avoid violations and potential future litigation.

Stephen Hans & Associates has decades of employment law litigation experience and can help you take proactive measures to avoid disputes.