Jury Awards Record $13 Million in Disability Discrimination Case

A Wisconsin jury awarded $13 million in compensatory and punitive damages to a former Chuck E. Cheese pizza chain employee. The verdict represents the largest monetary relief awarded by a jury in a case brought by the Equal Employment Opportunity Commission under the Americans with Disabilities Act.

The jury found that Chuck E. Cheese violated the employment provisions of the ADA by discriminating against Donald Perkle when they fired him due to his disability, mental retardation.

The jury returned its verdict on damages, awarding $10,000 in back pay, $70,000 compensatory and $13 million in punitive damages. Although the amount of compensatory and punitive damages will be capped based on statutory limits, these amounts send a very strong message to employers that the public will not tolerate this kind of discrimination, the EEOC said.

Moreover, the $70,000 in compensatory damages is significant because Chuck E. Cheese argued that Mr. Perkle's cognitive limitation's left it "highly unlikely" that he experienced any significant distress as a result of his termination.

In commenting on the damages award, EEOC Chairwoman Ida L. Castro stated, "The jury clearly recognized that a person can and does feel the pain of discrimination, even if the individual has mental retardation and is limited in his ability to express those feelings in a traditional manner."

Title I of the ADA, the employment provisions, prohibits discrimination against qualified individuals with disabilities in the private sector and state and local governments. Under the ADA, employers are required to make "reasonable accommodations" for workers with disabilities as long the employee is able to perform the essential job functions and the accommodation does not pose an "undue hardship" to the business.

The EEOC brought the suit against the Madison facility of Chuck E. Cheese (a subsidiary of Showbiz Pizza Time, Inc. of Irving, Texas) following unsuccessful efforts to resolve the case through conciliation. The lawsuit, filed in federal district court for the Western District of Wisconsin, was based on an administrative finding that a regional manager fired Mr. Perkle from his job as a janitor after stating that Chuck E. Cheese did not hire "those kind of people."

The local Chuck E. Cheese manager and staff supported Mr. Perkle fully during the time he worked at the child-oriented entertainment facility and restaurant. After the regional manager fired him, the local manager and employees asked the company president and CEO to intervene and reverse the decision. However, they were met with silence and inaction.

"The ADA requires companies to make hiring and firing decisions based on individual capabilities, not on myths, fears or stereotypes," said Castro. "It is outrageous that Chuck E. Cheese would permit a middle manager to fire an employee with a disability in the face of protests by co-workers and a first-line manager who vouched that Mr. Perkle could do the job. It is also outrageous that Chuck E. Cheese would argue that this act was acceptable because they believed this human being could not feel the pain of this humiliation."

Although Mr. Perkle has cognitive disabilities, he is able to work productively with the assistance of a full-time job coach paid for by a disabilities advocacy group, according to the EEOC. He compensates for difficulties speaking by use of picture cards or a hand-held computer device. With these accommodations, the EEOC said, Mr. Perkle was able to perform his job effectively for Chuck E. Cheese. With similar accommodations, he currently holds two part-time jobs.

"This jury's decision reinforces the message that employers must provide persons with mental retardation equal opportunities to participate in the workforce within their individual capabilities," said C. Gregory Stewart, general counsel designate of the EEOC. "The jury's decision also reflects on the public's understanding that persons with mental retardation are fully capable of being productive and contributing members of society."

Employers need to understand that the ADA protects workers with mental retardation from arbitrary denials of jobs they can perform, added EEOC Commissioner Paul Steven Miller. "And the EEOC will enforce these protections aggressively."

According to The ARC of the United States, a national organization advocating for people with mental retardation and related developmental disabilities, there are several million adults with mental retardation/developmental disabilities nationally who are currently working. Additionally, there are several hundred thousand working-age people with mental retardation/developmental disabilities who are now seeking, or who will soon seek, competitive employment in their community.

Further information about the EEOC is available on the agency's web site at www.eeoc.gov.