McDonald's Charged with Discrimination for Denying Job Applicant a Sign Language Interpreter.

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NH Business Articles: McDonald's disability discrimination.

McDonald's Charged with Discrimination
for Denying Applicant a Sign Language Interpreter
What this means for your business!

The U.S. Equal Employment Opportunity Commission has charged McDonald's Corporation and McDonald's Restaurants of Missouri with disability discrimination under the Americans with Disabilities Act (ADA). An applicant who is deaf applied for a job at a McDonald's in Belton, MO. When the restaurant learned that the applicant needed a sign language interpreter as a reasonable accommodation for his job interview, they allegedly canceled the interview and wouldn't reschedule it.

What it means for YOUR business. The law requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship.

How the rubber meets the road.

We are NOT attorneys, nor are we here giving legal counsel, but we are offering business advice. If someone with a disability comes looking for a job with your company, DO NOT ASK ABOUT THEIR DISABILITY but do the following (and train your staff to do it also!):

1. Take their job application and schedule an interview.
2. (Then) Ask if the applicant will need any assistance upon arrival to complete the interview. If 'Yes' provide the needed assistance.
3. On the day of the interview, describe the job and job duties to the applicant. Ask the same questions of the handicapped applicant that you would ask any other job seeker. If you have concerns, DO ask the applicant if he/she can do the job as described.
4. If the answer is yes, good! If the answer is no, ask what accommodations (you the employer) could offer that might make the position work for the applicant. DO NOT, do not ask the applicant about his/her disability.
5. At the completion of the interview let the applicant know that you are still accepting applications, and you will be back in touch when a decision is made. Then keep your promise.
6. Give the applicant every consideration.

The law requires that you make 'reasonable accommodations' to/for handicapped individuals during the interview/hiring process and during their entire employment. Unfortunately many factors are involved in determining 'reasonable accommodations'. There is no 'simple' answer because it includes your company's specific circumstances and the applicant's specific limitations. If the accommodation will cost money to implement or maintain, that doesn't mean that it's unreasonable under the statute. Consult http://www.eeoc.gov , http://www.ada.gov/ada_title_I.htm and/or an attorney familiar with ADA issues.

If you need to provide a Sign Language Interpreter for a job interview visit the NH Registry of Interpreters for the Deaf . Costs will be about $40/hr (2 hour minimum) plus travel time and mileage.

► RELATED ARTICLE: Pregnancy and Disability Discrimination Lawsuit

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