Published 16:52 IST, November 12th 2019
US: Restaurant employee claims he was fired after being tested HIV+
A 31-year-old employee from Big Biscuit in Overland Park, Kansas is reportedly suing his workplace for firing him after he disclosed that he was tested HIV+.
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An employee from Big Biscuit in Overland Park, Kansas is reportedly suing his workplace for firing him after he disclosed that he was tested HIV+. 31-year-old said that he was fired shortly after sharing his status with a manr. Such termination would constitute a violation of Americans with Disabilities Act.
Let go over misplaced fears
After his life-changing discovery he asked his manr to sign documents that would allow him to procure much needed HIV medication from a state program. After manr came to kw about Gutierezz's condition, Gutierezz was informed that he would be transferred to a different location and would be required to work on Sundays. This posed a serious problem for Gutierezz because agreement he signed while joining mentioned that he will t have to work on Sundays. When he informed restaurant that he will t be able to work on Sundays, he was fired. According to lawsuit, Gutierezz is suing workplace for wrongful termination and seeks to recuperate back pay and dams.
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Protected against discrimination
According to lawsuit, manment upon learning of his medical condition immediately changed his timing which would make it extremely difficult for him to work and when he expressed his concerns he was promptly fired. Based on this lawsuit claims that Gutierezz's firing was discrimination which is in violation of Americans with Disabilities Act.
Fired without warning
According to Gutierrez, in year that he worked at restaurant before he received complaints and manment liked his work. He claims that he was given warning before his termination. US Centers for Disease Control and Prevention has alrey previously said that HIV cant be transmitted by eating food handled by someone with HIV.
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People with HIV have been protected against discrimination under Americans Against Discrimination Act since 1998, but still office of Equal Employment Opportunity Commission receives dozens of claims of discrimination every year. Gutierrez's lawyers have stated that Gutierrez is still angry and upset about his termination.
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12:57 IST, November 12th 2019