Subway Franchise Failed to Accommodate an Autistic Worker and Then Fired Him Because of His Disability, Federal Agency Charges
PHOENIX – 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.
