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Author Topic: In a Lawsuit, Restaurant Server Claims He Was Fired Because He Has HIV  (Read 1025 times)

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Offline Jim Allen

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https://www.poz.com/article/lawsuit-restaurant-server-claims-fired-hiv

Quote
A former employee of a Kansas restaurant is suing the establishment because, he claims, he was fired after the management learned he is HIV positive, CNN reports.

Armando Gutierrez, a server at Big Biscuit in Overland Park, Kansas, claims he found out he has HIV last December, after being employed there for about a year. In order to obtain his HIV meds from a state program, he needed a manager to sign a form.

A day after asking for the signature, CNN reports, Gutierrez was transferred to another location and told that his new schedule would require him to work Sundays. Previously, he had arranged with managers to have Sundays off for family commitments. According to the lawsuit, Better Biscuit fired him because he wasn’t able to work Sundays, despite management being aware of his schedule.

Gutierrez said although he had performed well at his job and the managers liked him, he was given no warning before being fired
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Offline Almost2late

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Re: In a Lawsuit, Restaurant Server Claims He Was Fired Because He Has HIV
« Reply #1 on: November 20, 2019, 01:59:46 pm »
He obviously has a solid case against the former employer.

But what also jumped out at me was why was Armando required to disclose his status to the employer via signing forms? Wouldn't proof of income suffice in order to get his meds, without forcing the man to out his status to his employer?
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Offline harleymc

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Re: In a Lawsuit, Restaurant Server Claims He Was Fired Because He Has HIV
« Reply #2 on: November 30, 2019, 08:29:19 pm »
So just by a. Idental coincidence, his conditions of employment were changed were changed within a day if being outed as living with HIV
That's not going to wash.

I wonder if he was a member of the relevant trade union?

 


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