The EEOC has received a favorable jury verdict of $166,500 in a disability harassment lawsuit brought against a Subway restaurant franchise on behalf of a female manager who was discriminated against and forced to resign because of her hearing impairment.
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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). The EEOC charged in the case that the Subway owner 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.
Since 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.