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Log In / Register | Nov 25, 2014

Surge in ADA Disability Lawsuits to Continue in 2013 with Restaurant and Foodservice Employers in Crosshairs

For 2013, food service employers can expect a continued aggressive approach from the Equal Employment Opportunity Commission (“EEOC”) as to violations of the Americans with Disabilities Act (“ADA”) in the restaurant industry.  The significant increase of ADA charges and lawsuits by the EEOC and private claimants, which began in early 2012, shows little sign of abating in the new year.

The Increasing Threat of ADA Lawsuits

The Americans with Disabilities Act (ADA) is most frequently cited in reference to the employer-employee relationship; however, Title III of the ADA contains accessibility requirements for public buildings and facilities, including regulations related to signage, parking spaces, curbs, height of service counters, and size of restrooms.

EEOC Announces Targeted Enforcement Efforts in the Workplace

In the aftermath of the election, all employers should be mindful of the Equal Employment Opportunity Commission’s ("EEOC") recently announced Strategic Enforcement Plan ("SEP") for 2013 – 2016.

Settlement of EEOC Lawsuit Against Wendy's Franchisee Offers Lesson

A Wendy’s franchisee’s settlement this week of an Equal Employment Opportunity Commission (“EEOC”) lawsuit, brought under the Americans with Disabilities Act (“ADA”), highlights both the increased aggressiveness of the federal agency toward fast food restaurants as well the need for employers to engage in an interactive process with job applicants and employees to make reasonable accommodations under the ADA.

Frivolous ADA Lawsuit Dismissed against Johnny Rockets Franchisee

frivolous American Disabilities Act lawsuit

MIAMI – A district judge ruled that a lawsuit filed by a disabled man against a Johnny Rockets franchise restaurant was “frivolous, unreasonable and groundless,” and has ordered him to pay the fees and costs of the franchisee’s attorney.

Capitol Hill Asked Not To Expand Disabilities Act

WASHINGTON, D.C. – Franchise owners are facing two challenges from the federal government in its attempts to broaden the disabilities act to accomodate more people.