Home -> Law Blog Directory -> Federal Judiciary Blogs -> Decision of the Day
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Federal Judiciary
: Decision of the DaySecond Revives ADA Claim Against Rude Fast Food Employees
By Robert Loblaw
Camarillo v. Carrols Corporation, 06-4909 (2nd Cir., Feb. 8, 2008)
The Second Circuit has revived a disability discrimination claim against several fast food chains in the Catskills area that do not have large print menus. Plaintiff Alice Camarillo is legally blind and can only read large print at a close distance. So when she walks into her local Burger King or McDonalds or Wendy?s or Taco Bell, she cannot read the posted menus. The restaurants do not offer special large print menus, so Camarillo has to rely on the employees to read her the food offerings.
Although she has never been denied service, Camarillo alleges that the experiences have been degrading. Specifically, “she has been made fun of, stared at, and forced to wait until other customers behind her in line were served, and the employees have often read her only part of the menus.” So Camarillo filed suit, claiming that the failure to provide large print menus violates the Americans With Disabilities Act. The district court dismissed her claims on the ground that workers at the defendant restaurants always read the menus to Camarillo, and she was always permitted to eat. Because she could not demonstrate that she was denied a service available to other patrons, she had not established an injury within the meaning of the ADA.
On appeal, the Second Circuit reverses. The defendants argued that Camarillo was essentially complaining about rude and insensitive employees, which the ADA does not protect against. But in a per curiam decision, the Second disagrees, explaining that Camarillo?s complaint is at heart a failure to train complaint. In other words, if Camarillo can prove that fast food restaurants do not adequately train their employees on how to deal with disabled patrons, then they are violating the ADA.
Now if only these places could train their burger flippers not to spit on our food.
Full post as published by Decision of the Day on February 08, 2008 (boomark / email).
Pet Food Recall and Deaths
Dogs and Cats Sickened by Tainted Menu Food Products
Employee Lawsuits: Negligent Hiring and Retention
Employers must check references, criminal records, other background material.
Ladder Accident Injury Claims
Were you or a loved one injured in a ladder accident?
Pet Food Recall
Diamond Pet Food sets up $3.1 million class action fund for substandard dog food.
Slim-Fast Recalled in US
Slim-Fast recalled in US
Food/Supplements
involving food poisoning, food product recalls, false advertising or labeling, vitamin, weight loss and diet supplement issues.
PETCO
Animal Food Distribution Unsanitary, Food Seized
Menu Food
$240,000 settlement reached in Hawaii class action contaminated pet food suit.
Overtime for Programmers
alleging that some companies try to avoid paying employees overtime by categorizing them as "salaried" employees.

No Jerks Allowed: How and Why GCs Can Stop Angry, Rude and Demeaning Workplace Behavior
Human Resources Corner: Strip Searches and You
Attention resume writers: include fast-food experience
Living off Free Fast Food store Condiments Making Mulligan Stew
What fast-food breakfasts tell us about land use law








