Savory Fare Café Pays $20,000 to Woman Denied Training
and Position Because of Hearing Impairment
ALBUQUERQUE, N.M. ? Jaazrubin, LLC, doing business as
Savory Fare Bakery and Café in Albuquerque, has agreed to
settle a disability discrimination lawsuit filed by the
U.S. Equal Employment Opportunity Commission (EEOC) for
$20,000 and other relief, the agency announced today.
The EEOC?s lawsuit, EEOC v. Jaazrubin, LLC, d/b/a
Savory Fare, 11-cv-00869 MV/ACT, charged that Savory
Fare subjected Laura Mitchell to discrimination because of
her disability, or because it regarded her as disabled, due
to her hearing impairment and minor speech impediment. The
EEOC claimed that Mitchell was denied job advancement and
job training to a position as a cashier from a
dishwasher/busser position because of her disabilities. The
agency also alleged that Savory Fare retaliated against
Mitchell for opposing unlawful practices and forced her to
quit due to the disability discrimination and retaliation
Disability discrimination violates Title I of the Americans
with Disabilities Act (ADA). The EEOC filed suit in U.S.
District Court for the District of New Mexico after first
attempting to reach a pre-litigation settlement through its
In addition to monetary relief for Mitchell, the consent
decree resolving the lawsuit provides for other important
relief, including an injunction prohibiting further
disability discriminatory practices; institution of
policies and procedures to address such problems; training
for employees and managers on disability discrimination;
posting a notice advising employees of their rights under
the ADA; a provision requiring an employment offer to
Mitchell into a vacant salad station or sandwich station
position; a positive letter of reference; and a letter of
apology for Mitchell.
?Employers with 15 or more employees must comply with the
ADA,? said EEOC Regional Attorney Mary Jo O?Neill.
?Employers must make employment decisions based upon the
abilities of their applicants and employees, not based on
myths, fears or stereotypes about a person?s disability.
The ADA was passed so that people with disabilities get a
fair chance at making a living and have equal employment
EEOC Deputy District Director Elizabeth Cadle added, ?The
EEOC is gratified to see that this employer is taking
important preventive and curative steps to address
discrimination based on a person?s disability or perceived
disability. We are pleased with this employer?s willingness
to provide an appropriate resolution for Ms. Mitchell, as
well as the company?s commitment to provide
anti-discrimination training and other relief.?
The EEOC enforces federal laws prohibiting employment