General Discussion
In reply to the discussion: Family Kicked Out Of Golden Corral Restaurant Over Children's Skin Disorder [View all]thucythucy
(8,045 posts)It would seem to me that a very good defense in any such case as this would be: the ADA says I can't discriminate against a person with a disability unless there is a definite threat to health and safety, as defined by the law and by the regulations promulgated by the Dept. of Justice and, in this particular instance, the federal Dept. of Health and Human Services. I obeyed the law. That's my defense.
Can a court actually find you liable for damages that might arise in the course of obeying a federal law?
Is the Washington case an ADA related case? I'd be very interested to see the cite.
Just to emphasize, for 23 years now HHS has been publishing a list of communicable diseases, the people who have such conditions restaurateurs are allowed under the ADA to exclude from food preparation and handling (and I think a buffet style restaurant would qualify as "handling" . The list is updated annually. Managers are supposed to be cognizant of this. Most franchises like this also have an ADA compliance person on staff, if they know their business, to deal with just such situations. Not in each location, but certainly at the head office.
It just amazes me that after almost a quarter of a century people who are supposed to know are so oblivious to this act, and disability rights law in general. A few years back I ran into a situation on a college campus where the administration honestly didn't know (or said they didn't know) they were covered under Section 504 of the Rehab. Act. which was passed in 1973! It's been the law for almost forty years! It's like not knowing your local fire code, or, if you manage a restaurant, being oblivious to having to pass a health inspection.
It's particularly weird for me because I remember all the intense lobbying the various restaurant associations did around ADA. THEY were the ones for whom this part of the law was written. You'd think, as a part of being a savvy business person, these folks would get some education.
Anyway, it'll be interesting to see how this case pans out. The DoJ has been notorious among disability rights advocates for its lax enforcement of the ADA, so the fact that they're taking the case on at all would seem to indicate there's something there. But maybe not.
It's late, and my mind is mush.
Best wishes.