U.S. Equal Employment Opportunity Commission
Food Supplier Refused to Hire Applicant on the Basis of Disability, Federal Agency Charges
MEMPHIS, Tenn. - McLane Foodservice, Inc., which supplies foodservice deliveries to fast-food chain restaurants, violated federal law by discriminating against an employee it believed to be disabled, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
According to the EEOC's suit, McLane refused to hire an applicant because it regarded him as disabled and because the applicant had a record of a disability. Failing to hire an employee because of a perceived disability, or for having a record of disability, violates the Americans with Disabilities Act (ADA). The EEOC filed suit (EEOC v. McLane Foodservice, Inc., Civil Action No. 2:15-cv-02261) in U.S. District Court for the Western District of Tennessee, Western Division, after first attempting to reach a pre-litigation voluntary settlement through its conciliation process. The agency's lawsuit seeks, among other things, monetary relief in the form of back pay, compensatory, and punitive damages, as well as a permanent injunction against further discrimination on the basis of disability.
"Refusing to hire someone simply because the employer perceives a disability is a violation of federal law," said Katharine W. Kores, district director of the EEOC's Memphis District Office, which has jurisdiction over Arkansas, Tennessee and portions of Mississippi. "The EEOC is committed to vigilantly combating disability discrimination."
According to company information, McLane is headquartered in Carrollton, Texas, and has over 18 distribution centers nationwide. McLane is a large-scale supplier to fast-food restaurant chains.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its website at www.eeoc.gov.