Posted on 09/13/2005 7:03:01 AM PDT by 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.
The 'job seeker' applied, and the 'job provider' denied...
Where in the Constitution does it protect a 'job seekers' 'right' to a job?
But I bet the kid had really good self esteem and knew how to download music. And that's what's important. The government will take care of the rest.
Not really. How one "looks" is not considered a protected category (like race, age, national origin, disability, sex, etc) except in a few hyper-liberal places like San Francisco (which protects against discrimination based on "appearance" if I recall correctly). The characteristic that made this unlawful discrimination under federal and state law was that at least the EEOC considered the woman "disabled" under the law. BK must have ultimately agreed, or opted not to fight the definition, since it agreed to settle.
"Disability" is defined (under fed law at least) as "substantially limited in a major life activity." Whatever that means. Frankly, what it REALLY means is job security for plaintiff and defense employment attorneys.
Ooooops! Sorry!
I hope there's no TheMediumB's on here.
No, the EEOC dropped the matter when it was replaced by a private class-action suit, which worked its way through the appellate courts.
Out of Illinois somewhere.
The issue was whether "looks" were a bona fide occupational requirement.
Bottom line there not hiring someone because they don't like there looks where looks is not a major requirement
The Discovery Channel did a show on her a few months back. She has a pretty inspiring story, really.
"Mask" is the true story of Rocky Dennis, who was born with craniodiaphyseal dysplasia, also known as "lionitis".
Happens to me all the time - maybe it's an old-person thing to do with the extra pennies.
I also try to work in a little history when I can. One time my bill was $17.76. "Famous date in history." sez I. "Whut's that?" asks the Nose-Ringed Clerk. "That's when this country was born." I reply. "Kewl" marvels the NRC. I go home and weep for the future of my country.
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