Blind Papa John’s worker fired over his service dog, feds say. Now company will pay
A blind Papa John’s Pizza employee was assured he would be able to bring his guide dog to work, federal officials said.
But when he officially filed for the accommodation, he was fired, according to a lawsuit.
Now, Papa John’s will pay $175,000 to Michael Barnes, who was hired in 2020 at one of the chain’s locations in Athens, Georgia, federal officials said in a Nov. 20 news release.
“The parties agreed to resolve the lawsuit to avoid further litigation and expense,” a spokesperson for Papa John’s said in a statement to McClatchy News.
Barnes called Papa John’s after a friend told him the restaurant previously hired workers with vision impairments, according to the release.
When he spoke to the store manager, he told the manager he was blind and needed his guide dog, Indie, to get to and from work, federal officials said in the lawsuit.
He didn’t need Indie at his feet during the day, and she could be kept in a crate away from customers and areas where food is prepared, according to the suit.
The manager repeatedly told Barnes his guide dog wouldn’t pose an issue, according to the lawsuit. They discussed options such as putting Indie in a crate in a conference room or under the manager’s desk, officials said.
Barnes’s employment was halted during the first few months of the COVID-19 pandemic, but in May 2020, he was able to move forward with his position. The manager helped him complete the request that his dog be allowed to remain on the premises during the work day, according to the lawsuit.
In June, the accommodation request committee met to review his request.
“The Committee denied Barnes’s request and decided that he should be terminated,” the lawsuit said. “Committee minutes regarding Barnes’s requested accommodation state: ‘cannot accommodate—separate employment. Send letter.’”
Without having Indie around, Barnes couldn’t work at Papa John’s, according to the lawsuit.
The company “felt that having animals in the restaurant would pose a health and safety risk,” the lawsuit said.
Papa John’s didn’t identify which code or regulation would be violated by having a service dog in the restaurant, according to the suit. Instead, officials said the company relied on “stereotypes” about service animals.
The Equal Employment Opportunity Commission filed a lawsuit on Barnes’ behalf, saying his accommodation was reasonable and the committee’s rejection violated the Americans with Disabilities Act.
“Papa Johns is proud to be a People First company where Everyone Belongs,” the company said in the statement. “As an employer, we are committed to achieving equal opportunity and maintaining a diverse and inclusive culture for all of our team members, including those with disabilities.”
A consent decree was filed Nov. 20 in the Middle District of Georgia, Athens division.
As part of the agreement, the accommodations request committee and human resources personnel will undergo training on the ADA, reasonable accommodations and discrimination.
“Not allowing blind and visually impaired people to travel to and from work in the way that affords them confidence and independence is akin to telling sighted workers who rely on the flexibility and independence of driving that they may not travel to work by car,” Karla Gilbride, the EEOC’s general counsel, said in the news release.
Citi denied credit card applicants based on last names, feds say. Now it owes $25M
Pharmaceutical company wanted to hire more millennials, feds say. Now it owes $2.4M
Dollar General fires woman for ‘health reasons’ — pregnancy, feds say. Now it must pay
Salon told LGBTQ customers to see pet groomer, MI officials say. Now it faces charges
