U.S. Equal Employment Opportunity Commission
Food Supplier Refused to Hire Applicant on the Basis of Disability, Federal Agency Charged
MEMPHIS, Tenn. - McLane Foodservice, Inc., which supplies foodservice deliveries to fast-food chain restaurants, has agreed to pay $40,000 to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
According to EEOC's suit, McLane violated the Americans with Disabilities Act (ADA) by refusing to hire an applicant because it regarded him as disabled and because the applicant had a record of a disability, having had heatstroke and renal failure.
Such alleged conduct violates Title I of the ADA. 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 settlement through its conciliation process.
Besides the $40,000 in monetary relief, the two-year consent decree settling the lawsuit enjoins McLane from refusing to hire applicants because of a disability in the future. The decree also requires McLane to provide training on disability discrimination in the workplace, maintain records of any complaints of disability discrimination, and provide annual reports to EEOC.
"Refusing to hire someone simply because the employer perceives a disability or because the individual has a record of a disability is a violation of federal law," said Faye A. Williams, regional attorney of EEOC's Memphis District Office, which has jurisdiction over Arkansas, Tennessee and portions of Mississippi. "EEOC remains committed to vigilantly enforcing the ADA."
According to company information, McLane is a large-scale supplier to fast-food restaurant chains. Headquartered in Carrollton, Texas, McLane has over 18 distribution centers nationwide.EEOC enforces federal laws prohibiting employment discrimination. Further information about EEOC is available on its web site at www.eeoc.gov.