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Verdict range $0 - $100,000
ARTICLE ID 29005
$________ - AMERICANS WITH DISABILITIES ACT - ALLEGED DISABILITY BIAS - HOTEL DENIES QUALIFIED APPLICANT EMPLOYMENT BASED UPON DEAFNESS.
Adams
The female plaintiff, a high school student who is deaf, was
denied employment as a busser in a hotel restaurant due to her
deafness. The EEOC intervened on the plaintiffs behalf. The
defendant contended that the plaintiff was not denied employment
based upon her disability, but rather due to her age.
The plaintiff, who was almost 17 years old at the time, applied
with the defendant John Q. Hammons Hotels, which operates the
Holiday Inn-North Glen, for available positions including bussing
tables in the restaurant, serving banquets or delivering room
service. Although the plaintiff is deaf, she communicates by
signing, reading lips, writing and speaking, and has won several
awards based upon her excellent communication skills.
The hotel manager told the plaintiff that she was not qualified
for the room service position due to her disability. He did say,
however, that he could give her a job bussing tables in the
restaurant and had her report to the defendants human resource
director for orientation. When the plaintiff saw the human
resource director, she was informed that the defendant had to
check with their corporate office to determine if the hotel had a
policy against hiring deaf people. The plaintiff was informed
that the hotel would be in touch with her. They never called her
back.
When the plaintiffs mother called about the status of her
daughters job application, she was informed that her daughter
was too young to be employed by the hotel, despite the fact that
they had employed other students under the age of 17 for those
same positions. The mother was advised to have the plaintiff come
back when she turned 17 and they would give her a job in the
laundry, where they did not have to worry about her disability.
The plaintiff contended that the hotel intentionally discriminated
against her based upon her disability. The EEOC joined with the
plaintiff and brought suit against the defendant, alleging
violation of the plaintiffs civil rights and violation of the
Americans with Disabilities Act.
The defendant contended that it did not discriminate against the
plaintiff based on her disability. The defendant contended that
its decision not to offer the plaintiff an employment position
with the hotel was, in fact, based solely upon the fact that she
was under 17 years old.
Prior to trial, the matter was resolved. The defendant agreed to
pay the plaintiff $________ and to provide training to prevent
employment discrimination and retaliation.
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- Determine if a case is winnable and recovery amounts.
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- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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