Autistic Man Sues Orland Park Chick-fil-A on Claims of Discrimination

ORLAND PARK, IL — A 25-year-old Orland Park man with autism is suing a local Chick-fil-A restaurant, on claims management there violated his civil rights by refusing to employ him due to his disability.

James Kwon claims the manager at Chick-fil-A, 15605 S. La Grange Road told his job coach in 2014 that “Chick-fil-A was not interested in hiring people with disabilities” and “people with disabilities would not be able to succeed at Chick-fil-A,” according to the lawsuit filed late last month in U.S. District Court.

Kwon’s attorney, Jin-Ho Chung of Equip for Equality, which advocates for people with disabilities in the state, says Chick-fil-A violated the Americans with Disabilities Act by stating it would not hire any person with a disability, by not making an individualized assessment of Kwon’s ability to perform the work, and by failing to examine whether any accommodation would address Chick-fil-A’s concerns about Kwon’s ability to perform the essential functions of the job.

Kwon had previously held a job at a Bakers Square restaurant as part of a work-study program. His duties included cleaning windows and entry doors, vacuuming and sweeping floors, busing and cleaning tables and booths, taking out the garbage, and cleaning walls and ledges, according to the suit.

His supervisor there said "James performed his job duties diligently and capably," and the job ended at the conclusion of theprogram.

Kwon then later visited the Chick-fil-A location with his job coach, in hopes of landing a full-time position. After hearing the manager's statements, Kwon did not complete his formal work application, the lawsuit claims.

Representatives for the restaurant chain issued a statement regarding the suit, saying "Chick-fil-A at Orland Park is aware of Mr. Kwon's lawsuit and strenuously denies violating any laws. Our restaurant does not discriminate against qualified individuals with disabilities. The United States Equal Employment Opportunity Commission investigated Mr. Kwon’s allegations and did not find cause to believe that discrimination occurred."

Kwon is seeking compensation for the lost salary and benefits, back pay with interest, compensatory and punitive damages, and reasonable attorneys’ fees and costs.

Signed into law by President George H. W. Bush in 1990, the Americans with Disabilities Act prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities and transportation.