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How Managers Can Avoid The "Disability Trap" In Interviews

June 26, 2024

GMRI, Inc., d/b/a Olive Garden, agreed to pay $30,000 to settle a disability discrimination lawsuit filed against it by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of a job applicant.

According to the allegations, a manager at a Pennsylvania Olive Garden asked questions that were illegal while interviewing an applicant for a position as a busser. The alleged illegal questions included what "is wrong with" the applicant and how "bad" is the applicant's disability. The EEOC claimed the employer failed to hire the applicant because of information illegally obtained during the interview.

As part of the consent decree settling the lawsuit, the employer will require the general manager and other personnel at the location where the alleged discrimination occurred to attend training on the Americans with Disabilities Act (ADA). The restaurant will also report on its employment practices to the EEOC. Jared Weaver "Olive Garden fined after Pennsylvania manager commits alleged disability discrimination" www.abc27.com (Apr. 11, 2024).

Commentary

In this matter, the EEOC sued the employer because the hiring manager asked an applicant about their disability during an interview in a context not related to a request for a reasonable accommodation. Then, the manager rejected the applicant because of the information learned about the applicant's disability.

It is a best practice to not ask disability-related questions during the interview process. Managers and supervisors may not "ask any questions about the nature or severity of the disability pre-offer." "Pre-Employment Inquiries and Disability" https://www.eeoc.gov/pre-employment-inquiries-and-disability

Instead, managers should ask whether the applicant can perform the essential functions of the job with or without a reasonable accommodation. If the applicant requests an accommodation, the organization should open an interactive process with the applicant to decide what accommodations are reasonable.

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