The Phoenix District Office of the EEOC filed an ADA case alleging that Houston restaurant chain Luby's harassed charging party, a floor attendant in its Phoenix restaurant, because of disability (mental retardation), failed to provide her with reasonable accommodations, retaliated against her for complaining about her treatment, and constructively discharged her due to the disability harassment and retaliation.

Due to injuries suffered prenatally and at birth, CP is developmentally disabled and is substantially limited in learning (her IQ is 65, she attended special education classes and functions at a third or fourth grade level, and she is forgetful) and in speaking (she speaks slowly and stutters). She has a job coach. From August 1999 until December 2000, CP worked as a floor attendant, which involved cleaning tables and bathrooms, carrying dishes to the dishwasher, and filling condiment bottles.

Initially the restaurant manager provided CP with needed accommodations and she performed her job successfully. However in February 2000 a new restaurant manager took over. The new manager refused to repeat instructions to CP, berated her, told her to "shut up" when she asked about her job duties, and got impatient and angry with her for working and speaking slowly. The new manager also allowed CP's coworkers to harass her, including mimicking CP's speech, teasing her about her stutter, and barking at her. CP, her job coach, and CP's family all complained to defendant, resulting only in an increase in the harassment.

CP resigned after receiving a written counseling report criticizing her for asking a question about a work assignment.

Under the 18-month consent decree resolving this case, defendant will pay CP $90,000 in compensatory damages and will pay $60,000 to the Arizona Center for Disability Law, which represented CP in her intervention in EEOC's suit. Defendant will also provide CP a letter signed by defendant's VP of HR, which apologizes for the harassment and the failure to accommodate CP, states that steps will be taken to ensure that employees with disabilities are accommodated and not harassed, and states: "We appreciate the years of service you provided to us. You were an excellent and dependable employee. . . ."

EEOC v. Luby's, Inc. (D. Ariz. April 19, 2006)