Denver Field Office Denver, CO 80203
Phone (800) 669-4000 - TTY (800) 669-6820
FAX (303) 866-1085
newsroom@eeoc.gov
Contact:
Mary Jo O’Neill, Regional Attorney, (602) 640-5044
Mark J. Sorokin, Trial Attorney, (602) 535-0412
FOR IMMEDIATE RELEASE
January 26, 2017
PAPA JOHN’S PIZZA TO PAY $125,000 TO SETTLE EEOC
DISABILITY DISCRIMINATION LAWSUIT
Pizza Company
Refused to Accommodate and Fired Disabled Employee Because He Had a Job
Coach, Federal Agency Charged
PHOENIX
– The owners of a Farmington, Utah Papa John’s Pizza will pay $125,000 and
furnish other relief to settle a disability discrimination lawsuit filed by the
U.S. Equal Employment Opportunity Commission (EEOC), the EEOC announced today.
According to EEOC’s lawsuit, Papa John’s discriminated
against Scott Bonn, who has an intellectual disability, Down syndrome. EEOC
alleged that Papa John’s employed Bonn successfully at its Farmington location
for more than five months and allowed an independently employed and insured job
coach to assist him. EEOC further charged that after an operating partner
visited the Farmington location and observed Bonn working with the assistance
of his job coach, the operating partner ordered Papa John’s local management to
fire Bonn.
Such alleged conduct violates Title I of the Americans with Disabilities Act (ADA), which prohibits
employers from discriminating against qualified individuals with disabilities
because of their disabilities or from failing to reasonably accommodate their
disabilities. In appropriate circumstances, such as those in this lawsuit, the
use of a job coach is a reasonable accommodation under the ADA. EEOC filed suit (EEOC v. PJ Utah LLC, PJ Cheese, Inc., PJ
United, Inc., Case No.
2:14-cv-00695-TC) in U.S. District Court for the District of Utah
after first attempting to reach a pre-litigation settlement through its
conciliation process.
Under the consent decree settling
the suit, Papa John’s is required to pay $125,000 to Bonn, review its equal
employment opportunity policies, conduct training for management and human
resources employees for its restaurants in Utah, and establish a new
recruitment program for individuals with disabilities in Utah.
"Employers must understand that they cannot refuse to
provide an accommodation to individuals with intellectual disabilities,” said
EEOC Regional Attorney Mary Jo O’Neill. “Scott Bonn is an incredible person and
he loves working. He loved his job at Papa John’s. Working gives all of us
meaning and purpose in our lives. Employers should embrace workers like Scott
who work with such joy. I want employers to know that their obligation to
provide a reasonable accommodation includes allowing a job coach at the
workplace, if needed, absent undue hardship. The ADA is intended to ensure that
each person with an intellectual disability has a right to work and be
evaluated as an individual—not on the basis of his or her disability.”
Laura Boswell, an attorney with the Disability Law
Center in Salt Lake City, Utah and counsel for Scott Bonn, said, “In my
experience, employees with intellectual disabilities, while often overlooked,
are frequently among the most dedicated and hardworking. Scott exemplified
these qualities while employed at Papa John’s. We are hopeful that this
settlement will serve to educate employers about the skills and value Scott,
and employees like him, can bring to the workforce when properly accommodated.”
Elizabeth Cadle, district director
of EEOC’s Phoenix District Office, added, “Recruitment and hiring programs are
a fantastic way for employers to build strong relationships with communities
and provide meaningful employment to persons with disabilities. We encourage
all employers to use recruitment and hiring programs to help us fight
employment discrimination on all fronts.”
EEOC’s Phoenix District Office has
jurisdiction for Arizona, Colorado, Utah, Wyoming, and part of New Mexico
(including Albuquerque).
EEOC advances opportunity in the
workplace by enforcing federal laws prohibiting employment discrimination.
More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by
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