US: Restaurant employee claims he was fired after being tested HIV+

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+. The 31-year-old said that he was fired shortly after sharing his status with a manager. Such termination would constitute a violation of the Americans with Disabilities Act.

Let go over misplaced fears

After his life-changing discovery he asked his manager to sign documents that would allow him to procure much needed HIV medication from a state program. After the manager came to know 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 the agreement he signed while joining mentioned that he will not have to work on Sundays. When he informed the restaurant that he will not be able to work on Sundays, he was fired. According to the lawsuit, Gutierezz is suing the workplace for wrongful termination and seeks to recuperate back pay and damages.

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Protected against discrimination

According to the lawsuit, management 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 the lawsuit claims that Gutierezz's firing was discrimination which is in violation of the Americans with Disabilities Act.

Fired without warning

According to Gutierrez, in the year that he worked at the restaurant before he received no complaints and management liked his work. He claims that he was given no warning before his termination. The US Centers for Disease Control and Prevention has already previously said that HIV cannot be transmitted by eating food handled by someone with HIV.

People with HIV have been protected against discrimination under the Americans Against Discrimination Act since 1998, but still the 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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