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Now hear this: Subway franchisee must pay $166,500 in ADA case

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in Discrimination and Harassment,Human Resources

A federal district court jury awarded a Subway restaurant employee $166,500 in a disability discrimination suit. After a trial in the U.S. District Court for the Northern District of Texas, the jury concluded that Bobrich Enterprises Inc., which operates Subway restaurants in Dallas, violated the ADA by harassing a hearing-impaired employee.

According to the EEOC, Bobrich owner Robert Suarez and one of his managers teased and mocked Tammy Gitsham because of her impairment and because she wears a hearing aid. The EEOC also alleged that Bobrich executives created a hostile-work environment, which compelled Gitsham to quit her managerial position after 18 months.

The jury awarded $66,500 to Gitsham for lost pay and emotional harm, plus $100,000 in punitive damages against Bobrich. Bobrich plans to contest the verdict, pursuing its argument that Gitsham is not covered by the ADA because her hearing aid corrected her impairment.

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