SUBWAY FRANCHISE TO PAY $166,500 FOR DISABILITY BIAS, JURY RULES IN EEOC LAWSUIT

Former Area Supervisor with Hearing Impairment Wins Harassment Case

DALLAS – The U.S. Equal Employment  Opportunity Commission (EEOC) has received a favorable jury verdict of $166,500  in a disability harassment lawsuit brought against a Subway restaurant  franchise, BobRich Enterprises, Inc., on behalf of a female manager who was  discriminated against and forced to resign because of her hearing impairment.

The Dallas jury of five women and two men awarded former  area supervisor Tammy Gitsham $66,500 for lost wages and emotional harm and an  additional $100,000 in punitive damages in the EEOC’s suit under the Americans  with Disabilities Act of 1990 (ADA) in U.S. District Court for the Northern District of Texas, Dallas Division (Case  No. 3-05-CV-1928M, before Judge Barbara M.G. Lynn). The EEOC charged in the case that Subway  Owner Robert Suarez and one of his managers subjected Gitsham to a  disability-based hostile work environment, including teasing and name-calling,  because she is hearing impaired and wears hearing aids.

The jury verdict followed the  presentation of evidence by the EEOC that Gitsham 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?”

“I am very happy with the  judgment,” said Gitsham, commenting on the verdict. “It is important for people to realize that  they don’t have to put up with this type of mean-spirited treatment from  business owners. I feel that I can now  move on with my life.”

According to the EEOC, BobRich  Enterprises, Inc. has owned and operated as many as 20 Subway stores throughout  the Dallas  metroplex. Gitsham worked as an area  supervisor for Subway, managing between five and 10 stores throughout the  metroplex during her year and a half of employment at the franchise.

EEOC’s Dallas  Regional Attorney Robert Canino said, “As our nation observes the 17th anniversary of the landmark Americans with  Disabilities Act, this case should remind employers of their legal obligation  to promote discrimination-free workplaces for people with disabilities.  Humiliating an excellent and loyal employee because of a disability is more  than just bad behavior, it is bad business.  This company should have been as focused on creating a healthy work  environment as it was on making a healthy sandwich.”

The ADA, enacted on July 26,  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.

EEOC Supervisory Trial Attorney  Suzanne M. Anderson said, “All individuals deserve the freedom to compete and  advance in the workplace on a level playing field -- including individuals with  disabilities. Employers should  proactively prevent disability discrimination by putting policies and  procedures in place to ensure that employees and managers clearly understand  and abide by the letter and spirit of the law.”

Since Fiscal Year 1992, when the ADA’s employment provisions became effective, the EEOC has  received more than 235,000 charge filings alleging disability discrimination,  filed more than 700 ADA  lawsuits, and obtained approximately $665 million in total monetary relief for  charging parties.

The EEOC enforces federal laws prohibiting  employment dis­crim­ination based on race, color, gender (including sexual  harassment and pregnancy), religion, national origin, age, disability and  retaliation. Further information about  the EEOC is available on its web site at www.eeoc.gov.