Dunkin’ franchise operators agree to scrap “100% healed” policy in EEOC settlement

The case was brought on behalf of a class of employees with disabilities who worked at the defendants’ restaurants and were allegedly harmed by these practices. 

Under the settlement, the franchise operators are required to rescind the policy and stop requiring workers to prove they are restriction-free in order to hold their jobs. They must also begin providing reasonable accommodations, absent undue hardship, and engage with employees through the interactive process that the ADA requires. 

The agreement goes well beyond the financial penalty. Within 30 days of the effective date, the defendants must rewrite their employee handbook to include a clear statement that the company does not require employees to be 100% healed to work, along with definitions of disability and reasonable accommodation, a step-by-step process for requesting accommodations, and instructions for reporting discrimination or retaliation. The handbook must name a specific contact person – with title, email, and phone number – for accommodation requests. It must also state that medical information will be stored separately from personnel files and treated as confidential. 

Within 60 days, the revised handbook must be distributed electronically to all employees and maintained in hardcopy at every location, accessible at all times without a manager’s permission. New hires and newly promoted employees must receive it within five days. 

The training requirements are equally detailed. A third-party trainer must deliver live, interactive ADA training annually to all employees in supervisory or HR roles, covering topics such as how to handle accommodation requests, how to investigate discrimination complaints, and the duty to document and report potential violations. A separate annual session is required for all other employees, focused on how to request accommodations and report concerns. Both sessions must be recorded so that new hires and anyone who misses the live training can view it within 14 days.