In August 2002, the Philadelphia (along with the Newark, N.J.) office of the EEOC brought this ADA suit against Spylen of Denville, Inc. d/b/a Wendy's in the U.S. District Court for the District of New Jersey. The complaint alleged that the defendant discriminated against the claimant by subjecting the claimant to a hostile work environment and constructively discharging the claimant because of his disability (Down's syndrome). The court dismissed the case due to the parties settling in September 2003; however, the court did not enter a consent decree until March 2004.

The one year consent decree required the defendant to refrain from discrimination and retaliation, provide neutral references for the claimant, pay the claimant $90,000 in damages and attorney's fees (with the damages to be paid into a special needs trust), post notice, and provide ADA training for all managers and employees.

Kevin Wilemon - 07/20/2007


compress summary