Outback Steakhouse which has several restaurants in the Dallas areas has been sued by the Equal Employment Opportunity Commission based on a report from the Texas Governor's Office on Disability Awareness. The lawsuit stemmed from the firing of an employee from a Phoenix, Arizona restaurant because the employee needed a reasonable accomodation.
According to the EEOC suit the company violated federal law by firing an employee on the basis of his disability and/or because he needed a reasonable accommodation.
The suit stated that OSI Restaurant Partners, LLC d/b/a Outback Steakhouse and OS Restaurant Services, Inc. terminated their server John Woods, who suffers from traumatic brain injury because of his need for a reasonable accommodation and/or because of his disability.
The suit maintained that the conduct violates Title I of the Americans with Disabilities Act (ADA) as amended by the ADA Amendments Act of 2008 (ADAAA), which prohibits private employers from discriminating against qualified individuals with disabilities in hiring, firing, advancement, compensation, and other terms, conditions, and privileges of employment. The EEOC filed suit (EEOC v. OSI Restaurant Partners, LLC d/b/a Outback Steakhouse and OS Restaurant Services, Inc., Civil Action No. 2:11-cv-01754-NVW) in U.S. District Court for the District of Arizona after first attempting to reach a pre-litigation settlement through its conciliation process. The lawsuit seeks back pay, compensatory and punitive damages for Woods, as well as appropriate injunctive relief to prevent any further discriminatory practices.
"Recent amendments to the ADA make clear that the protections for persons with disabilities should be broadly applied," said Mary Jo O'Neill, regional attorney for the EEOC's Phoenix District Office. "The ADA, as amended, was intended to ensure that workers with disabilities have equal employment opportunities. Terminating an employee because he is disabled or because he needed a reasonable accommodation is unlawful."
EEOC District Director Rayford O. Irvin added, "We will vigorously pursue our mission of fighting employment discrimination on all fronts. The EEOC continues to fight for the rights of people discriminated against because they are disabled."
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