American Seafood Restaurant Settles Employment Discrimination Lawsuit Raised by Deaf Cook

The Oregon-based seafood restaurant, McCormick and Schmick’s, reportedly agreed to settle an employment discrimination lawsuit filed against it by a deaf employee.

According to the Equal Employment Opportunity Commission’s (EEOC) recent press release, McCormick and Schmick’s Seafood Restaurant, Inc. has agreed to pay $47,814.00 aside from other reliefs to settle a disability discrimination and retaliation lawsuit filed against the restaurant chain.

The said lawsuit, which was filed by the EEOC on behalf of the restaurant’s former cook, Vernon Davis, claimed that McCormick and Schmick’s former management official repeatedly harassed Davis due to his disability.

Davis had been deaf since birth. He uses American Sign Language and reads lips of people to communicate. Nevertheless, despite his condition, he was able to obtain culinary training and had worked in several other restaurants before being hired at McCormick and Schmick’s as prep cook.

The lawsuit claimed that the restaurant’s former management official often called Davis with “Vermin” instead of his real name “Vernon” and often mocked him and threatened with physical conduct. Eventually, after Davis and his other co-workers complained about the employment misconduct, he was demoted from being a prep cook and was transferred to a dishwasher position.

Davis accepted his fate but the harassment did not stop there. He was still subjected to disability discrimination until he once again complained to the management. Subsequently, he was demoted to a janitorial position and had his working hours cut in retaliation for his repeated complaints, according to the EEOC.

The lawsuit further claimed that Davis was fired four months after due to his disability and in further retaliation for his complaints.

Apparently, the restaurant clearly violated the Americans with Disabilities Act of 1990 (ADA), which prohibits employers from unlawfully terminating an employee or taking adverse actions because an employee complained about improper employment practices.

As always, a California Employment Discrimination lawyer once again reminded employers that part of their obligation is to promptly respond and conduct necessary action whenever an employee complained about any employment misconduct occurring in the workplace.