Burger King Franchisee Ordered to Pay $2M to Worker with Trachea Tube in Disability Case

A former cashier for a Florida Burger King has been awarded over $2 million by a jury on her claims of disability discrimination against the restaurant franchisee. The employee was employed by the corporate franchisee, called Magic Burger, as a cashier. She had a trachea tube because of a car accident that occurred one year before she started working for the company. The general manager of the store that hired her was informed of the trachea tube and saw it during the job interview. However, when an executive came to visit the store, the executive told the employee she couldn't continue to work there because of the trachea tube. She sued, claiming a violation of the Americans with Disabilities Act and Florida law.

The jury agreed. The jury awarded $2 million in punitive damages against the company, in addition to $15,519 in lost wages and $30,000 for emotional distress. Here is a copy of the jury’s verdict form.

Employers are required to accommodate workers with disabilities in most circumstances under the Americans with Disabilities Act (“ADA”). The ADA requires employers that have 15 or more employees to provide reasonable accommodations for employees and job applicants with disabilities unless the employer would suffer an undue hardship as a result.

Learn more: San Antonio Disability Discrimination Law