Denny's Sued By EEOC For Disability Bias Against Class Of Workers Nationwide

The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it filed a federal discrimination lawsuit under the Americans with Disabilities Act (ADA) against Denny's, Inc., which operates more than 500 corporate-owned restaurants in 30 states, on behalf of disabled employees nationwide who were not provided reasonable accommodation and were fired after being denied medical leave needed in connection with their disabilities.

In its suit, the EEOC charges that Denny's refused to provide one of its restaurant managers in Baltimore with legally-required reasonable accommodations for her disability, a leg amputation; prohibited her from working in its restaurants because of her disability, despite her desire to return to work; and fired the employee because of her disability. EEOC further charges that Denny's violated the rights of a class of workers with disabilities by maintaining a maximum medical leave policy that automatically denied additional medical leave beyond a pre-determined limit -- even when additional leave was required by the ADA as a reasonable accommodation for those workers -- resulting in their unlawful terminations.

"We have worked hard at the EEOC to make equal employment opportunities for people with disabilities a reality,” EEOC Chair Naomi C. Earp said. “The Commission remains committed to vigorous ADA enforcement and outreach to ensure that all individuals with disabilities have the freedom to compete in the workplace on a fair and level playing field."

EEOC’s lawsuit was filed in U.S. District Court for the District of Maryland (Civil Action No. 1:06-cv-02527-AMD) only after attempts to voluntarily settle the matter proved unsuccessful. EEOC seeks a court order requiring Denny's to comply with the ADA and barring Denny's from applying its maximum medical leave policy to disabled employees who are lawfully entitled to additional medical leave. In addition, EEOC seeks lost wages and benefits, compensatory and punitive damages, and other relief for victims and the public. Read more at eeoc.gov