• Case Studies

• ADA Discrimination
• Misclassification (Enterprise)
• Misclassification (FedEx)
• Misclassification (RadioShack)
• Missed Meal and Rest Breaks (KFC)
• Missed Meal and Rest Breaks (Wal-Mart)
• Off-The-Clock Work
• On-Duty Meal Periods
• Gender Discrimination
• Tip Pooling

• Clients

• Industry Experience

Defendant ADA Discrimination Case Study

EEOC v. Denny’s Restaurants

Case Details

The EEOC filed a lawsuit against Denny’s Restaurants alleging it discriminated against a disabled Restaurant Manager by terminating her after she became disabled and was restricted to a wheelchair. We were retained by Denny’s to conduct a study of the Restaurant Manager job in which the essential functions and physical/mental demands of the job were identified.

Our Study

• Collected data on Denny’s Restaurant Managers following time and motion methodology.
• Identified the actual tasks and activities performed by Denny’s Restaurant Managers during their shifts.
• Conducted a follow-up study with subject matter experts (SMEs) who identified tasks from our task list that were essential for effective performance on the job.
• Generated a list of essential functions for the job based on SME judgments.
• Developed a physical and mental demand checklist for identifying physical and mental requirements associated with the essential functions.
• Conducted an observational study of a sample of Restaurant Managers and tracked the physical and mental demands associated with the essential functions each Restaurant Manager performed.
• Analyzed the data and created a list of physical and mental demands associated with effective performance of the job.

Results

Dr. Banks wrote a declaration summarizing the study results. This information was then provided to the court to decide whether the plaintiff could perform the essential functions of the job given the physical and mental requirements associated with that work. The case is now pending.