McDonald’s Franchisee Who Fired an Autistic Employee Settles EEOC Suit

A McDonald’s franchisee, who fired an autistic employee of 37 years, recently settled an Equal Employment Opportunity Commission lawsuit for $100,000. The franchisee, who owns and operates “numerous” McDonald’s restaurants throughout New Jersey, allegedly discriminated against a former employee based on his autism spectrum disorder.

Case background

Anthony Cardone worked at several McDonald’s restaurants over the course of 37 years. His performance as a grill cook was reportedly “excellent” when he worked at a Deptford, New Jersey location—he even received multiple awards for his labor. However, when JDKD Enterprises LP took over ownership, they abruptly fired him just two months later.

Cardone claims this violated the Americans with Disabilities Act, which requires employers to provide reasonable accommodations to employees with disabilities. It also prevents them from retaliating against workers based on the need for accommodations. This includes people with autism spectrum disorder. Cardone’s disability limited his life activities, including learning, thinking, reading and communicating; the defendants claim that he became agitated and raised his voice while working at the Deptford McDonald’s. He was fired the same day, rather than the employer making a good faith effort to address his disorder and accommodations.

The complaint was filed in September 2021. The EEOC filed the suit in New Jersey federal court after attempting to reach a settlement with the defendant. Ultimately, they agreed to pay $100,000 to Cardone, and will undergo periodic reporting to the EEOC as well as accommodation training for all managers.

If you believe that you have a whistleblower claim, a seasoned whistleblower attorney at Kardell Law Group can help. Reach out to us today to learn more about your legal options.