Wendy’s Restaurant Settles ADA Claim
A national hamburger chain with a big presence in Tennessee just settled a lawsuit for violating the Americans with Disabilities Act (“ADA”). The facts of the lawsuit involve a gentleman who was denied employment as a cook because he had a hearing disability. Apparently, he was told by the manager that “there is really no place for someone we cannot communicate with”. The manager made this decision without actually knowing whether the impairment would have any impact on the performance of the job or whether there was a reasonable accommodation that could be provided so this willing employee could be put to work.
The ADA prohibits employment discrimination against a qualified disabled individuals who can perform the essential functions of the job with or without reasonable accommodations. Also, the definitions of “disability” under the ADA has recently been broadened with regard to who qualifies as being disabled under the act. The ADA applies to all employers with 15 or more employees.
If you have believed you have been discriminated against as a result of a disability please feel free to call one of our Tennessee Labor Attorneys or email our office.
Author Bio
Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.
Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.
