The Krystal Company, the owner and operator of a quick-serve hamburger restaurant chain headquartered in Dunwoody, Georgia, unlawfully discriminated against an employee when it refused to accommodate her disability and fired her, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today in Atlanta, Georgia.

According to the EEOC’s suit, Krystal violated federal law by not providing Ms. Maxine Wilson, field training manager, with a reasonable accommodation of a short-term adjustment to her work schedule and then discharging her because she was disabled.

Disability discrimination violates the Americans with Disabilities Act (ADA), and employers who take adverse actions against employees with actual disabilities are liable under the ADA. The EEOC filed suit (EEOC v. The Krystal Company, Civil Action No. 1:18-CV-4536-TCB-JCF) in the U.S. District Court for the Northern District of Georgia, Atlanta Division after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC is seeking reinstatement, back pay, front pay, and compensatory and punitive damages for Ms. Wilson, as well as injunctive relief designed to prevent future discrimination.

“An employer cannot discharge an employee because of her disability,” said Antonette Sewell, regional attorney for the EEOC’s Atlanta District Office. “The employee here has a disability that did not prevent her from performing her job. Rather than attempting to accommodate the disability, the employer discharged her.”

Bernice Williams-Kimbrough, district director of the Atlanta office, said, “The EEOC is committed to ending disability discrimination in Georgia and across the country.”

The Atlanta District Office of the EEOC oversees Georgia and parts of South Carolina.

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