A Florida chef who is deaf has filed a lawsuit against a Palm Beach County restaurant, alleging it refused to accommodate his disability during the interview process.
Plaintiff Nino DiStefano filed his lawsuit in U.S. District Court for the Southern District of Florida, West Palm Beach Division.
In his nine-page complaint, he alleges Rocksteady Steakhouse LLC, or RSS, discriminated against him in violation of the federal Americans with Disabilities Act and the Florida Civil Rights Act.
“RSS was aware of Mr. DiStefano’s ADA-and FCRA-protected medical condition and his need for accommodation,” the complaint states. “Defendant, however, being well aware of Plaintiff’s disability, discriminated against Plaintiff for requiring and requesting reasonable accommodation for same, and refused to hire Plaintiff based on his disability and based on his requests for accommodation.”
DiStefano applied for the open lead cook supervisor position at RSS in November 2025.
He contends his disability requires “minimal reasonable accommodation” and he is “fully capable of performing the essential functions” of the job.
According to DiStefano’s filing, after he applied for the position, one of RSS’s managers, Sam Lewin, reached out to set up an interview. However, Lewin made it clear that the restaurant would only conduct telephone interviews.
DiStefano claims he asked RSS if other interview methods could be considered given his disability. He suggested an in-person interview or an interview via text or typed chat.
“RSS held firm, however, telling Mr. DiStefano that interviews would be conducted by telephone and by telephone only,” the filing states.
DiStefano claims he pointed out to RSS that reasonable accommodation is required by law, “but RSS remained unmoved.”
He was unable to interview for the position and RSS refused to consider, much less hire him, he contends.
“Mr. DiStefano’s requests for reasonable, non-burdensome accommodation for his disability constituted protected activity under the ADA and the FCRA,” the complaint states.
An employer is legally required to provide its disabled employees and job applicants with a reasonable accommodation, if that reasonable accommodation would allow that employee or job applicant to perform the essential functions of his or her job, unless doing so would impose an undue hardship.
“Defendant did not have a legitimate, non-discriminatory reason for its actions,” the complaint states.
“Defendant’s actions are the exact type of unfair employment practices that the ADA and the FCRA were intended to prevent.”
DiStefano claims the restaurant’s actions have caused him “severe emotional distress,” including but not limited to sleeplessness, crippling anxiety, loss of consortium, and family discord.
He seeks actual and compensatory damages, front pay, back pay, emotional distress damages, punitive damages, attorneys’ fees, and declaratory and injunctive relief.
Richard Celler Legal PA in Plantation, Florida, is representing him in the suit.
