Man claims he was fired because he has HIV

Man claims he was fired because he has HIV

Man claims he was fired because he has HIV – In the city of Kansas, a man is suing a restaurant where he once worked because he says he was sacked when it was discovered he is living with HIV.

If found to be true, the said restaurant could be culpable of the Disabilities Act of the United States.

According to CNN, it was in December 2018 that Armando Gutierrez tested positive for HIV. Until the incident, he worked as a waiter at the restaurant in Overland Park, Kansas.

According to the complaint filed at the federal court, Guiterrez asked his manager to sign a medication form so he could access medication. It was just the next day after the signing incident that he was informed of his transfer to another branch. Moreover, he was also to work on Sundays contrary to an earlier agreement that he wouldn’t work on Sundays citing “family commitments”

The complaint further stated that he was given the sack when he responded to the transfer that he could not work per the new schedule. He has consequently sued the restaurant and is seeking back pay and compensation.

According to CNN, attempts to get a response from Big Buiscut has not yielded any immediate response.

According to the complaint, the plaintiff’s schedule at work was so changed that he would not be able to work. Gutierrez accoding to the lawsuit is claiming discrimination in violation of the American Disabilities Act. The complaint also said Gutierrez wasn’t given any warning or prior notice of his being fired.

According to the US Center for Disease Control (CDC) and Prevention, HIV cannot be contracted by eating food prepared or handled by an infected person. The CDC also stated clearly that exposure to the virus even if it had small amounts in an edible product could be destroyed by the cooking process.
Modes of transmission of HIV is mainly through unprotected sex with an infected person.
In the US, people living with HIV (PLHIV) are protected from discrimination by a supreme court ruling since 1998, according to HIV.gov, however increasing complains indicate that there is still discrimination against PLHIV.
The supreme court ruled that any form of discrimination by employers is prohibited.
195 claims of discrimination were received last year by the Equal Employment Opportunity  Commission (EEOC). The EEOC has on its own had reason to sue employers for sacking employees in a discriminatory manner because they were living with HIV.
The commission gave Gutierrez their backing to sue his former employer.
Despite the efforts that have been made to prevent new infections and to treat PLHIV, there are still about 1.1 million people in the USA living with the virus as of the end of 2016 according to statistics from the CDC and in 20017 almost 39,000 people were diagnosed.