July 2007 – A Dallas jury awarded an employee at a Subway Store $66,500 for lost wages and emotional harm and an additional $100,000 in punitive damages in a suit under the Americans with Disabilities Act of 1990 (ADA) in U.S. District Court for the Northern District of Texas, Dallas Division.

The Americans with Disabilities Act, passed into law in 1990, prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

In this case, the EEOC charged that the Subway owner and managers at the store subjected the employee to a disability-based hostile work environment based on her hearing impairment and need to wear corrective devices.

The jury found that the employee was forced to resign her position after both the owner and human resources/training manager repeatedly mocked her privately and in front of other employees, creating a hostile workplace, with taunts such as: “Read My Lips” and “Can you hear me now?” and “You got your ears on?”

If you feel that you have been fired, forced to resign or retire, or otherwise adversely affected in your workplace because of your medical condition or disability, please contact the Attig Law Firm, PLLC, for a telephone consultation to discuss your potential claim.