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Press Release 04-13-2009

SONIC DRIVE-IN FRANCHISEE SUED FOR DISABILITY DISCRIMINATION

EEOC Says Restaurant Denied Job to Applicant Because of Speech Impediment

NEW ORLEANS – A New Iberia, La.-based Sonic  restaurant franchisee violated federal law by discriminating against an  applicant because of her disability, the U.S. Equal Employment Opportunity  Commission (EEOC) charged in a lawsuit it filed today.

According  to the EEOC’s lawsuit, in October 2006, Gravlee’s Sonic of New Iberia, Inc.,  doing business as Sonic Drive-In, denied Shanna Proctor employment as a car hop  or cook because of her disability, a speech impediment.

Disability  discrimination, including the refusal to hire an applicant because of an actual  or perceived disability, violates the Americans With Disabilities Act  (ADA). The EEOC filed suit (Civil Action  No. 6:09-cv-00603) in U.S. District Court for the Western District of Louisiana,  Lafayette Division, after first attempting to reach a voluntary  settlement. The EEOC is seeking a  permanent injunction prohibiting the company from engaging in disability discrimination,  as well as back pay, compensatory damages, and punitive damages.

“This is a troubling case of discrimination  against a qualified disabled applicant because of stereotypes and bias,” said  Keith Hill, director of the EEOC’s New Orleans Field Office. “The EEOC will vigorously pursue em­ployers  who have unlawfully denied employment opportunities to applicants with  disabilities.”

EEOC  Regional Attorney Jim Sacher added, “Employers cannot expect to avoid liability  for discriminating against qualified applicants with disabilities. Employment  decisions must be based on merit and ability to do the job, rather than on  discriminatory factors.”

ADA charge filings with the EEOC nationwide  increased 10% in Fiscal Year 2008 to 19,543, the highest level of disability  discrimination charges since FY 1995.

The EEOC enforces federal laws prohibiting  employment discrimination. Further  information about the EEOC is available on its web site at www.eeoc.gov.