Kansas restaurant server claims he was fired after telling a manager he’d been diagnosed with HIV
- Armando Gutierrez filed lawsuit Tuesday and alleged he was fired for having HIV
- Gutierrez had been working at The Big Biscuit for a year when he was diagnosed
- Suit claims Gutierrez was fired after he asked a manager to sign a form that would help him get assistance from a Kansas state program for people with HIV
- A day later, Gutierrez claims his schedule was changed and prevented him from coming into work due to family commitments
- When he protested the change he says he was fired from his position as a server
- His lawsuit also alleges that his firing violated Americans with Disabilities Act
A former employee of a Kansas restaurant chain has alleged in a lawsuit that he was fired from his position after telling a manager that he had been diagnosed with HIV.
Armando Gutierrez, who received the HIV diagnosis in December 2018, filed the lawsuit in federal court on Tuesday.
The document says Gutierrez had been working as a server for a year at The Big Biscuit restaurant in Overland Park, Kansas, when he approached a manager about signing a form.
Armando Gutierrez, who worked at a Big Biscuit restaurant (file image) in Kansas, filed a lawsuit on Tuesday that claimed he was fired from his job after telling his manager that he had been diagnosed with HIV
Gutierrez said the form was essential because he needed proof that he didn’t have employer-provided health insurance to be eligible for a state program that helps people with HIV.
The next day, Gutierrez was informed that he was being transferred and would begin working on Sundays, which he had been getting off because of family commitments.
According to the lawsuit, when Gutierrez protested his schedule change, he was fired. The suit also alleges that Gutierrez’s firing violated the Americans with Disabilities Act (ADA).
The HIV.gov website states that the ‘ADA prohibits discrimination by employers, places of public accommodation, and state and local government entities’.
Gutierrez has also filed a complaint with the Equal Employment Opportunity Commission.
His lawsuit is seeking back pay and damages. The chain’s attorney didn’t respond to an email seeking comment.
The suit alleges that Gutierrez’s firing violated the Americans with Disabilities Act (ADA). The HIV.gov website states that the ‘ADA prohibits discrimination by employers, places of public accommodation, and state and local government entities’