Indiana Subway Sued for Firing HIV-Positive Employee

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?"

One month later, on February 14, Doe said his supervisor called to fire him over the phone, telling him the manager felt that he might be a financial liability to the franchise.

"I think it's important for the public to see that discrimination occurs especially for people who are HIV-positive," Edmonds said.