Papa John’s fired blind employee for needing his service dog in Georgia, lawsuit says
Papa John’s promised a blind job applicant his need for a service dog at work would be no “problem” and hired him, federal officials said.
It later proved to be an issue, however, when the employee was given the choice to either work without his service dog named Indie or be fired from the restaurant in Athens, Georgia, according to a new lawsuit.
Ultimately, Papa John’s fired Michael Barnes, who told the company he relied on Indie to help escort him to and from work, a complaint filed March 14 says.
Now, the U.S. Equal Employment Opportunity Commission is suing Papa John’s on behalf of Barnes and is accusing the company of discriminating against his disability by firing him, the agency announced in a March 15 news release.
A company spokesperson told McClatchy News in a statement that the company doesn’t “discriminate against any team member or applicant on the basis of any characteristic protected by statute or local law.”
Papa John’s denies accommodation request
After Papa John’s hired Barnes, his request for reasonable accommodation — to have Indie remain at the restaurant during his shift — needed approval, according to the complaint.
When Barnes applied, he made it clear to a manager he didn’t need Indie while working inside the restaurant, and she could be kept away from customers and food, the complaint says.
On June 11, 2020, Papa John’s chose to reject Barnes’ request “based on improper stereotypes about service animals and their presence in restaurants or other food service establishments,” the complaint says.
In evaluating Barnes’ need for Indie at work, Papa John’s accommodation request committee raised concerns over health and safety risks about having a dog inside the restaurant, according to the complaint. The committee, however, didn’t specify any code, law or regulation that would stop the company from allowing a service dog at its Athens location, the EEOC says.
Barnes’ request for his service dog is protected by the Americans with Disabilities Act, according to the EEOC.
“Employers must evaluate such requests on their individual merits,” Marcus G. Keegan, the regional attorney for the EEOC’s Atlanta District Office, said in the news release. “They may not, as Papa John’s has done, reject such requests based on vague and unspecified ‘health and safety’ concerns.”
The Papa John’s spokesperson said the company complies with the ADA and makes “reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is a team member or an applicant, unless undue hardship would result.”
The lawsuit seeks to compensate Barnes after he suffered stress, anxiety, emotional pain, depression and more over his firing, according to the EEOC.
The complaint describes Papa John’s actions as “malicious and reckless” and also aims to have the company pay damages to Barnes.
Before the lawsuit was filed, the EEOC said it tried reaching a pre-litigation settlement with Papa John’s.
Athens is about 70 miles east of Atlanta.
This story was originally published March 16, 2023 at 8:02 AM with the headline "Papa John’s fired blind employee for needing his service dog in Georgia, lawsuit says."
.jpg)