Jottings By An Employer's Lawyer

Tuesday, March 18, 2003

An EEOC Press Release With A Difference - McDonald's Franchisee Sued for ADA Based On Birthmark

Not much needs to be added to the press release about a claim being brought by the EEOC on behalf of Samantha Robichaud. Obviously, there are two (or more) sides to any story, and you are only getting one in the press release from the EEOC. Both the Birmingham News and the Tuscaloosa News have stories as well. This invokes the third prong of the definition of a disabled individual under the ADA, "regarded as having such an impairment", and is clearly the type of suit that when the ADA was passed many expected would be covered. But given the strict reading of "impairment", it is likely there will be a substantial legal battle to establish "disability" as well as the factual issue of causation.

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