Chick-fil-A Lawsuit Alleges Discrimination Against Disabled Job Applicants

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Chick-fil-A Inc. is facing a disability discrimination lawsuit accusing the restaurant chain of refusing to consider hiring a man with autism for any job.

Plaintiff James Kwon claims he applied to work at a Chick-fil-A store located in Orland Park, Ill. However, according to the Chick-fil-A lawsuit, he was prevented from applying for employment due to his disability.

“Defendants refused to consider him for any job, explicitly citing his disability as the reason,” the Chick-fil-A lawsuit states. Kwon asserts that this conduct is a violation of the Americans with Disabilities Act.

Kwon is a 25-year-old man with autism who previously worked at a Bakers Square restaurant in 2013 as part of a work study program. According to the Chick-fil-A lawsuit, his job duties at Bakers Square included cleaning menus, busing tables, cleaning doors and windows, vacuuming and sweeping floors, cleaning walls and taking out the trash.

Kwon’s supervisor at Bakers Square stated that Kwon performed these job duties diligently and capably, the employment discrimination lawsuit asserts. His employment at Bakers Square reportedly ended only because his work study program “came to its natural end.”

Subsequently, Kwon began working with a job coach to help him find a full-time job. According to the employment discrimination lawsuit, Kwon and his job coach visited the Orland Park Chick-fil-A restaurant in the summer of 2014 to find out if Kwon could apply for a job with similar duties as those he performed at Bakers Square.

The branch manager was unavailable at that time, so the job coach returned at a later date when he could meet with the branch manager and discuss the possibility of Kwon’s employment with Chick-fil-A.

“The branch manager responded that Chick-fil-A was not interested in hiring people with disabilities,” the Chick-fil-A lawsuit says. “When the job coach reiterated that she thought [Kwon] would do a good job, the branch managers stated that people with disabilities would not be able to succeed at Chick-fil-A.”

The Chick-fil-A lawsuit asserts that the branch manager’s statements constitute a violation of the ADA, which prohibits discrimination by an employer against qualified individuals with disabilities. Kwon asserts that Chick-fil-A’s actions were unlawful and that the defendants acted with “malice and reckless indifference” to his federally protected rights.

By filing the Chick-fil-A lawsuit, Kwon is seeking compensation for the benefits he lost and will continue to lose because of Chick-fil-A’s discriminatory practices. He also seeks compensatory damages, punitive damages, attorneys’ fees and costs, and other relief deemed appropriate by the court.

The owner/operator of the Orland Park Chick-fil-A restaurant issued the following statement regarding the employment discrimination lawsuit: “Chick-fil-A at Orland Park is aware of Mr. Kwon’s lawsuit and strenuously denies violating any laws. Our restaurant does not discriminate against qualified individuals with disabilities. The United States Equal Employment Opportunity Commission investigated Mr. Kwon’s allegations and did not find cause to believe that discrimination occurred.”

Kwon is represented by Jin-Ho Chung of Equip for Equality.

The Chick-fil-A Employment Discrimination Lawsuit is James Kwon v. Chick-fil-A Inc., et al., Case No. 1:16-cv-11603, in the U.S. District Court for the Northern District of Illinois, Eastern Division.