Steak ‘n Shake — Filing a Complaint for Discrimination
Posted on July 17th, 2008 by DeafMom
It was bound to happen.
For the last two days, friends have been sending me the news articles about Karen Tumeh, a deaf woman from Nebraska who is suing the McDonald’s corporation for refusing to provide access in the drive thru.
Sounds familiar, doesn’t it? Back in January, my son and I had the drive thru window closed in our face, not once, but twice by a head trainer/manager of Steak ‘n Shake in Bolingbrook. “Go around and use the speaker,” I was told. Numerous attempts to explain that I was deaf did not sway him. Showing my hearing aids didn’t convince him to serve me. He stated that he could call the cops if I continued to remain in the drive thru.
Many people told me to “sue the pants off of Steak ‘n Shake!”
I wanted something more. I wanted to work with the corporation to try and affect some positive changes. I didn’t want to pursue a lawsuit. I wanted to make it so that when my kids go through a Steak ‘n Shake drive-thru, they’d be able to access it in any of their 400+ restaurants.
A meeting was set up with three Steak ‘n Shake employees: the Director of Communications, Director of Human Resources and Director of Operations. Howard Rosenblum, a deaf attorney from Equip for Equality and a person who was very familiar with the drive thru issues, joined us at the meeting. He was there to represent me and make sure that all of the bases were covered in protecting my rights.
At first, the possibility of change seemed quite possible. The three corporate staff persons were interested in making positive changes so that this would not happen to another deaf, hard of hearing or speech-challenged person in their drive-thrus. They indicated that they were not the right department to implement the changes and that we would have to meet with other staff who could put changes in place. So we left the meeting feeling positive about the direction that Steak ‘n Shake was going in.
The issue was handed over to Greg Fehribach, an attorney who works for Steak ‘n Shake. We stressed to Mr. Fehribach that we wanted to meet with the corporate employees who had the authority to make changes in the drive thru.
On Monday, Howard and I met with Mr. Fehribach and another Steak ‘n Shake attorney. Despite my request to meet near my home, Mr. Fehribach insisted on having the meeting in downtown Chicago. Right then and there, I could see that Steak ‘n Shake wasn’t planning to make this process any easier on me.
At first, our meeting went well as we explained the changes that we hoped to see at Steak ‘n Shake. After the incident in January, I did a lot of research about drive-thrus and experienced several different access options. A Subway in Indiana had a touch-screen menu so I was able to experience what it would be like to use a touch-screen. I visited the Culver’s restaurants that had the Order Assist system in place. I met with the owner of Order Assist and suggested some modifications to the system to make it more accessible.
Imagine the wonderful PR that would result from making a positive change to all of the restaurants and making the drive-thrus accessible, I said.
We quickly learned that the attorneys for Steak ‘n Shake had no interest in pursuing any changes to the Steak ‘n Shake drive-thrus that would require a physical change to the system. They believed that training their employees and providing pre-printed menus would be enough. Neither attorney had even made an attempt to explore the systems that were in use. They were not going to bring about a meeting with the corporate executives who could implement those changes. It was pretty apparent that they wanted me to settle it, not blog about it anymore and make it all go away.
The attorneys brought in the head trainer/manager who discriminated against me. He stiffly issued a canned apology and then left the room. The attorneys would not allow me to say a word or ask questions. After the apology, I got up and left the room. All the emotions of that January day came flooding back– to be denied service because you are deaf in this day and age means that we have so much more work ahead of us to obtain equal access.
So I’ll be joining Karen Tumeh in filing a complaint against a corporation for discrimination in the drive-thru. For the last six months, I explored this issue and tried to affect some positive changes in drive-thru access. I really hoped that Steak ‘n Shake was going to be a leader in this.
It’s just a shame that the corporations don’t want our business.
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I am appalled at the treatment you have received at the hands of Steak N Shake!! It is amazing the stupidity of people! That ‘manager’ was just the beginning of the ignorance that obviously abounds at this corporation! I don’t see how you could lose any suit you bring forth, but I am sure they will want to settle to keep it out of court. Stand your ground and know that there are legions behind you, even those of us with great hearing.
Keep us posted on how the complaint goes…
:o( Shame that Steak ‘N Shake did not take you seriously.
As much as they are violating the federal laws of treating the disabled community with respect including the ADA laws, I suggest a that you file a FEDERAL COMPLAINT with the Dept of Justice and tell them everything what happened. You need to have a civil rights lawsuit on them because your rights were definately violated. It’s too bad that they didn’t settled on this. Now it’s time to bring JUSTICE in.
Steve Baiers last blog post..Personal Post day.
I’ve had the same experience happen to me. One time one of my kids fell asleep in the back seat of my car. I pulled in to McDs to get some lunch or something. Since I can’t use the speaker (I can speak, but I can’t hear or understand what they’re saying through the speaker so I end up staying for 5 minutes past the order time because I don’t know if they completed the order or not) and went straight to the window. The guy told me to go in. If I’d went in, I would have woken up my kid, who was a very light sleeper. So I indicated that he was in back and I didn’t want to go in. Still refused. So I left and boycotted them. If Hearing people have the option to stay in their car for whatever reason, we Deaf should too! But most of the time, most McDs will let you drive up and submit your order in writing. I do keep a pad of paper and pens in my car ready for things like that, to save them a bit of time instead of waiting for me to write it down.
Don Grushkins last blog post..Why don’t Deaf shun those who hurt our own?
As much as I understand the inconvenience, I believe that making changes to the way employees and managers are trained is a step in the right direction. Maybe I’m ignorant on this subject, but to expect each corporation to immediately change the way they do business to make it more convenient for deaf people sounds a bit over the top. Companies that don’t make it easier for you will simply lose your business. (and probably fail anyway) I disagree with more government intervention on businesses. It has never helped in the past and won’t help in the long-run for free people to demand government control of other free peoples’ businesses. Thanks for hearing my opinion.
Go for it, Karen. In my experience with corporations, its all about the bottom line not the quality of food they serve or the number of happy people. Ironic because if the food is good and the service is wonderful, then we come back… .and improve their bottom lines.
I never liked chain restaurants or corporations. Why do we give them money? sue their testicles off and then spend all that money on family owned businesses
I’ve followed your saga with Steak ‘n Shake, and I appreciate your writing to let us know what’s happening. It really is a shame that the corporate suits aren’t willing to be flexible and either change or develop a reasonable compromise. I’m also surprised (and yet not so surprised…) that they didn’t can that manager– he really should’ve been fired/demoted.
I applaud your willingness to first pursue resolution, and I think you’re making the right decision to join this lawsuit. My best wishes as you go through the legal system, and DO keep us posted on what happens!
Mr. Sandmans last blog post..Touching the Joystick
I admire you for trying to get Steak and Shake a chance to make changes without a lawsuit. The have had enough time.
You have my support, Go get them.
Hi Karen,
I think you are absolutely doing the right thing here. I have been following Tumeh’s case closely and I can’t believe the discriminatory remarks that were made in the comments on the Chicago Tribune article:
http://www.topix.net/forum/source/chicago-tribune/TGAVJD67GE02I34OC
I was close to tears reading these. Hearing people who have never been in this situation (and therefore aren’t really entitled to criticize, in my opinion) just don’t get it! Both Steak n’ Shake and McDonald’s and all other places with drive-thrus need to better accommodate the disabled.
Karen, I applaud you for your patience in dealing with this and the amount of time and research you put into this. One day those ignorant people will see the light. Until then, I support you 100%!
Excuse me, did the ’50s call and ask for their discrimination back? Sure sounds like I am reading something from years ago except we didn’t have speakers and computerized monitors back then. Instead, people drove up to the window or walked in and ordered in person.
I can think of a couple of solutions that wouldn’t take much money and effort to implement compared to say… introducing a new menu item. It’d be nice if we had touch screens as an option for submitting orders.
Meryl K. Evanss last blog post..Links: 2008-07-18
We have all been following your responsible pro-active behavior and cheering you on…Apparently you need to be a bitch from hell and sue to get any respect in this world…so - just give them what they’re apparently asking for and let me know if I can do anything to help from all the way over here.
If there is anything I can’t stand, it’s being dismissed…and having to drive distances just to experience that feeling.
Go get THEM, so that people like my son can benefit. Hugs, Jodi
Keep us posted how it goes. Good job!
You have handled the situation with dignity and grace, and it sounds like you have gone out of your way to work out a solution. If Steak ‘n Shake is unwilling to be a leader, then another corporation will take the lead when they realize how important the issue is. Good luck!
Sharons last blog post..In Four Days
Go for it Karen! You have been patient enough.
I just remembered that I wanted to mention, I hope you contact the news media again. I think this should be brought to the attention of as many citizens as possible! I would even consider contacting the big news networks like CNN and Fox, etc. Either way, keep us posted and stay strong!!
Good luck and best wishes Karen. I know this isn’t something you’d take on lightly, and that it won’t come without some cost to you and your family.
Let us know if there’s anything we can do to keep your courage high
Joanna
Joanna Youngs last blog post..Cut Your Words to Set Your Writing Free
You were being so reasonable, even after they weren’t. Good for you — we’ll be here, supporting and broadcasting your blog posts about this to everyone who will listen.
Stumbling this now.
Genevieves last blog post..My life is ruined … Did I win?
How insanely frustrating! Hey I just found you via Twitter. I’m in the chicagoland area and also hard of hearing. Email me if you ever want to chat. tsvobo1526 (at) comcast.net
Lottas last blog post..Blogher08: Recovery
I respect your attempt to do this the right way, avoiding the legal system if possible. I am amazed at how simple this problem could be solved with reasonable accomodations by properly training employees. If they have a window, there’s no reason you should not be able to give your order to the cashier. It should also be possible at little cost to install some method for the hearing impaired and deaf, to notify the store of their need to order face to face. I do understand companies not spending great sums of money in complete overhauls of their current situation. Even a setup such as Sonic has, could be remedied w/the simple expedient of the customer punching the button twice, and an employee coming out to take the order, it’s just an issue of education and a sign saying “push button twice if you need to order face to face.” But I have to say, I wouldn’t be dealing w/Steak and Shake anymore. Sounds like you gave them a fair chance to act intelligently and humanely.
Karen, It is a shame that a company is not willing to make adjustments to better serve our needs. You two will be making a point that a simple accomodation will help the millions that suffer with hearing loss. I’m behind you 110%
That manager broke the law by discriminating against you plain and simple…he had every opportunity to make the outcome of the situation different. The corporation had the opportunity to do so as well…..instead they throw their lawyers at you? What a corporation Steak and Shake is, it’s obvious they don’t care about their customers needs! The media will love the update on this story and Steak and Shake will be exposed to the public for the nasty, uncaring company they really are!
[...] the spirit or the letter of the law called ADA, you can read an account of DeafMom’s experiences at Steak ‘n Shake - an account that I find disturbing. Read it and listen to the linked videos. I don’t think [...]
Wow. I’m so happy that you’re going ahead and filing the complaint. SHAME on them for treating you like they did. I’m disgusted at their response and I hope only positive things come out of this for you and for others. Let us know if there’s anything we can do to help- letter-writing, emailing, calling, etc.
I was hoping that Steak ‘n Shake would “see the light” and implement some real changes in policy. And they didn’t even fire that arrogant “Mr. Manager” who violated the law, but instead teated YOU as though you were the one in the wrong. I know that you did everything you could to get this resolved in a positive, civil, non-litigious way . . . but it looks as though Steak ‘n Shake is going to have to learn the hard way that discrimination ain’t legal. Or the way to promote the customer satisfaction touted in their Website. Throw the book at ‘em!
I have worked numerous fast food places over the last decade and I can tell you what 90% of their issue is. The pickup window has a timer. If you order there the timer goes up and makes their numbers look bad. Big wigs come barking on the managers, who in turn treat the crew shitty so the crew is all about rush rush to please them. So its a horrible, abusive cycle.
I say go for it. Tell them to forget aobut numbers and stats…that the most important need is to serve the guest. I could understand if they had excessive swearing, or were having poor conduct in line. Those are reasons that would constitute a refusal of service. However having a handicap isnt on that list.
I can understand being pissed off about the lack of service, but asking them to change their business just because a group of people is put off by it is asinine.
They did not ask or force you to be their customer, and thus when you file lawsuits against them you are trying to force them to serve you. Complaining and asking them to make changes is one thing, but when you go and throw a lawsuit at them you are stating that you think you know how to run their business better than they do.
That’d be like me as a smoker demanding that all restaurants have a smoking section with separate ventilation in states where it is required, so that I can enjoy a cigarette with my food, regardless of if it is actually economically feasible.
I hope yours and the other person’s lawsuit gets thrown out.
To J from 10/29/2008-
The issue at hand is that they have a right to be a consumer - at ANY establishment. Smokers choose to smoke. A Deaf citizen did not choose to be deaf.
I applaud their efforts and pray that all goes well on their behalf.