Indiana Subway Sued for Firing HIV-Positive Employee

The Equal Employment Opportunity Commission says the franchise in Sheridan, Ind., fired the employee after he told his boss that he is HIV-positive.

Dawn Ennis

The Advocate's news editor Dawn Ennis successfully transitioned from broadcast journalism to online media following another transition that made headlines; in 2013, she became the first trans staffer in any major TV network newsroom. As the first out transgender editor at The Advocate, the native New Yorker continues her 30-year media career, in which she has earned more than a dozen awards, including two Emmys. With the blessing of her three children, Dawn retains the most important job title she's ever held: Dad.

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October 01 2015 10:39 AM EST

July 23 2019 3:22 AM EST

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A Subway restaurant in central Indiana has been hit with a federal lawsuit for firing an employee who revealed he was HIV-positive, reports Indianapolis TV station WTHR.

The Equal Employment Opportunity Commission is suing for back pay as well as punitive damages. According to the EEOC, firing the employee was a violation of the Americans With Disabilities Act and therefore a clear case of employment discrimination.

Although Subway has not commented so far, an attorney for the fired worker, Laurie Young, told WTHR her client was "fully capable of working and was experienced in the restaurant industry. ... He was terminated solely because of stereotypes his employer had regarding persons with HIV."

The employee is referred to as John Doe in the lawsuit, which says he was hired at the Sheridan, Ind., restaurant January 1. Less than a week later, Doe informed his supervisor he was HIV-positive.

EEOC attorney Nancy Edmonds told WTHR the restaurant management apparently treated the man based on what she called "a stereotype that people who are in the restaurant business are contagious and that people can contract HIV through food."

Court documents say Doe's supervisor asked him, "What if you cut yourself?" and "What about it if our customers find out?"