Merced-based Alia Corp., which owns 20 McDonald’s franchises in the Central Valley, will pay $100,000 to settle a former supervisor’s disability discrimination suit. The man claimed Alia illegally demoted him because of his intellectual disability.
He worked as a floor supervisor at a McDonald’s restaurant before Alia bought the franchise. Once Alia took over, the man was demoted to a janitorial position. His hours were cut, as was his hourly pay. Forced to find other work, he eventually quit.
Then he sued Alia, alleging disability discrimination in violation of the ADA.
In addition to paying the man, the company agreed to take steps to root out bias. It’s required to hire an equal employment opportunity monitor to implement new anti-discrimination policies and procedures and conduct training.
Advice: Make managers articulate solid reasons for demoting an employee who has been performing satisfactory work.
- Detail discipline so you can later explain why punishment was appropriate and fair
- Court: False harassment complaint is grounds for termination
- Humiliation, not just physical threats, can be harassment
- Same job titles don't demand the same pay
- Workers who pursue internal discrimination grievances have extra time to sue