Tag: ADA
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Taco Bell Drive-Thru Discriminates Against Hearing-Impaired, Lawsuit Alleges
A deaf consumer has filed a lawsuit against Taco Bell Corp. and two franchisees alleging the company discriminated against her by refusing to allow her to order from the drive-through window. Cirrincione v. Taco Bell Corp., No. 33-0001 (D.N.J., filed July 13, 2016). At one location, the plaintiff alleges she wrote her order on a…
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“Panera 2.0” Ordering System Unaccommodating to Visually Impaired, Consumers Allege
Two consumers have filed a putative class action against Panera LLC involving the restaurant chain’s “2.0” ordering system using touchscreen kiosks and a “fast lane” pick-up shelf, which they allege fails to accommodate the visually impaired. Gomez v. Panera LLC, No. 16-21421 (S.D. Fla., filed April 20, 2016). The plaintiffs argue that they each visited…
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Restaurant Manager Alleges Obesity Discrimination
According to a news source, a 600-pound man, who worked as a Hometown Buffet restaurant manager, has filed a lawsuit under the Americans with Disabilities Act against OCB Restaurant Co. in a Connecticut federal court, alleging that he was fired and replaced with a worker who “is not morbidly obese and does not suffer from…
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ADA Discrimination Putative Class Action Filed Against TGI Friday’s Franchisee
A wheelchair-bound plaintiff has reportedly filed a putative class action in California state court against the largest franchisee of TGI Friday’s, Briad Restaurant Group LLC, for alleged violations of the Americans with Disabilities Act (ADA). Hicks v. Briad Restaurants Grp. LLC, No. BC546927 (Cal. Super. Ct., Los Angeles Cty., filed May 28, 2014). Plaintiff, Chris…
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Court Allows Obesity-Related Claims to Proceed
A federal court in Missouri has determined that a man who alleges employment discrimination and retaliation in violation of the Americans with Disabilities Act (ADA) on the basis of his severe obesity has sufficiently stated his claims and may proceed with his action. Whittaker v. America’s Car-Mart, Inc., No. 13-0108 (D. Mo., order entered April 24,…
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ADA Class Settlement Will Require Burger King to Make Restaurants Accessible
A federal court in California has approved the settlement of class claims that will require Burger King Corp. to remove barriers to wheelchair and scooter access at more than 75 of the restaurants it leases to franchisees in the state and pay $19 million to the settlement class. Vallabhapuapu v. Burger King Corp., No. 11-00667…
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National Law Journal Focuses on Obesity and ADA Claims
Employment law practitioners are, according to a recent article, predicting an increase in the number of obesity-related claims filed against employers under the Americans with Disabilities Act (ADA). The 2008 amendments have made it easier for employees to prevail in these cases, and a trio of claims filed and resolved in recent months demonstrates that…