Dive Brief:
- The U.S. Equal Employment Opportunity Commission (EEOC) has charged in a lawsuit that a McDonald's restaurant franchisee in Bentonville, Ark., crossed federal law lines when it fired an employee because of his HIV-positive status.
- According to the EEOC, the suit alleges Mathews Management Company and Peach Orchard, Inc. violated the Americans with Disabilities Act (ADA) when it fired the worker within days of learning of his HIV status.
- In an additional charge, the EEOC lawsuit also alleges the companies maintain a policy of requiring all employees to report the use of prescription medication, a separate ADA infraction.
Insight
The EEOC first attempted to reach a settlement through its pre-litigation conciliation process, but the employer decided to take the case to court, according to the EEOC. The suit seeks monetary relief in the form of back pay and compensatory and punitive damages, compensation for lost benefits, removal of the prescription medication policy, and an injunction against future discrimination.
"The ADA mandates that persons with disabilities have an equal opportunity to achieve success in the workplace," said Katharine W. Kores, district director of EEOC's Memphis District Office.
Mathews Management Co. sent a statement to 40/29 News, a local TV station, which said: "It is our policy to provide equal employment opportunities to all persons regardless of physical or mental disability, or any other characteristic protected by federal, state or local law. We deny that Plantiff's separation was based on his medical status. These allegations are without merit and we will vigorously defend this baseless claim."
