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/GRMI Inc.  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 and because of information related to his disability that the GM learned through his asking of illegal questions about the applicant's 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, Civil Action No. 2:23-cv-01448-NR (W.D. Pa.).