Fast Food Restaurant Refused to Hire Applicant With Brain Injury

A lawsuit was filed today

July 23, 2018 - 10:59 am
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The U.S. Equal Employment Opportunity Commission says a Lawton, Oklahoma Burger King franchise violated federal law when it refused to hire a man as a dining room attendant because he had suffered a traumatic brain injury and needed a job coach to assist with his training. A lawsuit was filed today.  
 
According to the EEOC, the job coach would have been provided at no cost to the restaurant, and the applicant, Manuelito Kinley, had worked successfully at other fast food restaurants where he was trained with a job coach.  
 
The Burger King franchise is owned by Northwest Petroleum, LP, a Houston-based company that owns and operates gas stations and fast food franchises across Texas and Oklahoma. 
 
The agency seeks back pay as well as compensatory and punitive damages for Kinley in addition to injunctive relief designed to prevent and address future discrimination based on disability and to otherwise bring the company into compliance with federal law. 
 
James R. Neely, Jr., director of the EEOC’s St. Louis District Office, said, “Manuelito Kinley suffered a traumatic brain injury when he was young, but he has the skills, ability, and desire to work. The EEOC seeks to ensure he and others like him don’t face unnecessary and unlawful barriers to entering the workforce.” 
 
According to its website, Northwest Petroleum operates over 35 sites in the Houston, Austin, and San Antonio areas and in Oklahoma. 
 

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