Burger chain to pay $34,000 after not hiring disfigured worker

Chicago Sun-Times ^ | 9-13-2005

[Cagey]

KANSAS CITY, Mo. -- Hardee's has agreed to pay $34,000 to settle a lawsuit alleging that one of its restaurants repeatedly refused to hire an applicant because her face was disfigured.

The U.S. Equal Employment Opportunity Commission and the St. Louis-based fast-food chain, which is owned by CKE Restaurants Inc., submitted the proposed agreement Monday to U.S. District Court in Kansas City. Besides the money, the settlement also calls for the chain to apologize in writing and further train its managers and human resources employees.

The EEOC said the suit, also filed Monday, alleged that the job seeker applied more than once for entry-level work at the Hardee's in Oak Grove, near Independence, but was never hired. The suit said others with no better qualifications were given jobs while the applicant was not. The woman has Treacher Collins Syndrome, a birth defect that caused a malformed cranial bone structure, asymmetrical eye placement and the absence of ears.

CKE, based in Carpinteria, Calif., did not return calls for comment.

[E. Pluribus Unum]

I think that the ability to fill out an application is sufficient qualification to be a whopper-flopper. We're not talking brain surgery here.

In that case, it's really not necessary for Hardee's to bother with the hiring process at all. People who want a job should just send their application to the EEOC and they will do all the hiring for them.

[NormB]

If she could've swallowed her fist, she'd've been a shoo-in.

I don't know why, but that made me laugh out loud. Glad I didn't have a mouth full of coffee!

[mikeus_maximus]

Cool. Now all she and her lawyer have to do is hit up every other fast food chain, retail giant, airline company, and any other public-facing entity she can think of, and she'll retire a multi-millionaire by the age of 30. :)

[FearlessFreep]

No...I just typed "Treacher Collins Syndrome" into a Google image search, and her picture came up. From her website, she's a medical student...very capable, just somewhat funny-looking. Nothing wrong with that.

That's cool, was just wondering. By the way, can you tell me how to italicize in the response. I have no clue.

[Protagoras]

Nope. It just means that people with certain "physical attributes" can bilk whichever company they choose. Probably learned it from Jessie Jackson and his shake-down operation.

I see no valid comparison to this situation.

[E. Pluribus Unum]

It doesn't however, change the facts.

The decisive "fact" for you is that they settled, which is a circular argument at best.

[Cagey]

If you saw the movie "Mask", which was released in the 80's I believe, the main character had this same condition.

[MeanWestTexan]

"So does this mean that burger chains are supposed to automatically hire anyone who fills out an application?"

Worse, it means Hooters now has to hire ugly, flat-chested chicks.

[FearlessFreep]

She should try the Waffle House. Would probably be an improvement. Some of those poeple are uglier than passing gas in church.

[Protagoras]

The decisive "fact" for you is that they settled, which is a circular argument at best.

Incorrect. Seems you have not read the post correctly, but instead, made up your own "facts" about the emphasis I made.

You may have a future in writing.....novels.

[heartwood]

It can range from the horrific, like that poor baby discussed on FR a while back, to relatively mild.

[ItsOurTimeNow]

>>But certainly there are characteristics people have which would make them unqualified, or less qualified, to serve as a company's "face" to the customer.<<

A harsh truth, but a truth nonetheless. I agree.

[Protagoras]

Worse, it means Hooters now has to hire ugly, flat-chested chicks.

Too late to worry about that.

[savedbygrace]

The way to do that is to hand them the $3 first, wait until they enter that into the register, then say, "Wait, I've got a penny. Here," and hand them the penny.

That will bring the transaction to a standstill 90% of the time. (I just made up the statistic, but it sounds about right.)

[NormB]

Here she is! Yep, no ears! Eyes not symmetrical, this is her all right!

[Protagoras]

Not all lawsuits are frivolous, just most of them.

[jalisco555]

In that case, it's really not necessary for Hardee's to bother with the hiring process at all. People who want a job should just send their application to the EEOC and they will do all the hiring for them.

I'm no fan of the EEOC. It's yet another agency that long ago outlived whatever meager usefulness it once had. I just don't think Hardee's should be rejecting people just because they're disfigured. It shouldn't be illegal but it is wrong.

[jalisco555]

Worse, it means Hooters now has to hire ugly, flat-chested chicks.

During the 90's the EEOC sued Hooters to make them hire men. Fortunately the suit was laughed out of court.

[tfecw]

And, if your bill comes to $2.96 and you should happen to give them $3.01 they'll look at you like you're the one messed up."

That actually happened the other day at taco bell. The bill was 4:35 And I handed her a 5 and a dime because I would rather have 3 quarters than 2 quarters, one dime, and one nickel (i loathe nickels)

well she got confused and said it was 4:35, I let her know I understood what the price was and I had no trouble reading the price. Then she gave me a dollar back. I figured a 25 cent stupidy tax was in order so I thanked her and walked out.

[WV Mountain Mama]

Or worse, paying $2.07, so you get a dime back instead of pennies.....