Employers Cannot Discriminate Against Job Applicants Because of Their Disability

The United States Equal Employment Opportunity Commission recently settled a lawsuit that it had filed against Olive Garden.  The EEOC's lawsuit alleged that Olive Garden discriminated against an applicant due to the applicant's disability.  The applicant used a cane and, during the interview, the GM asked the applicant numerous questions related to his disability including asking what "was wrong" with the applicant, asking how "bad" his disability was, and asking questions about his use of a cane.  Olive Garden ultimately declined to hire the applicant because of his disability.  This alleged conduct is a violation of the Americans with Disabilities Act, as amended, which prohibits employers from making hiring decisions on the basis of an applicant's disability.  See U.S. EEOC v. GMRI, Inc. d/b/a Olive Garden, Case No. 2:23-cv-01448-NR (W.D. Pa.).