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Lawsuit: Arkansas McDonald's fired employee for being HIV positive
KATV Little Rock ^ | KATV

Posted on 07/06/2016 6:17:21 AM PDT by SleepySimon

BENTONVILLE (KATV) — An Arkansas McDonald's is being sued by the U.S. Equal Employment Opportunity Commission (EEOC) after they claim the restaurant fired an employee after they found out he was HIV positive.

The EEOC claims the Bentonville McDonald's, which is owned and operated by Mathews Management Company and Peach Orchard, Inc., "violated federal law when it terminated an employee because of his HIV positive status." According to the EEOC, Mathews Management Company owns and operates 34 McDonald's restaurants.

The suit, which was filed Tuesday in the U.S. District Court for the Western District of Arkansas, Fayetteville Division, alleges they violated the Americans with Disabilities Act (ADA) when they fired an employee days after learning he was HIV positive.

The lawsuit also claims the companies require employees to report their use of prescription medication, which also violates the ADA.

In a release from the EEOC, a commission spokesperson says the suit is seeking back pay, along with compensatory and punitive damages, compensation for lost benefits, removal of the prescription medication policy, and an injunction against future discrimination.

The EEOC said they first tried to "reach a voluntary settlement through its prelitigation conciliation process."


TOPICS:
KEYWORDS: arkansas; hiv; mcdonalds; ofcourse; stopgoingthere
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It's like they never had to sit through all those movies in the 90's about not-firing people with HIV.
1 posted on 07/06/2016 6:17:21 AM PDT by SleepySimon
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To: SleepySimon

Don’t I have the right to know that when I go to McDonald’s the worker spitting on my food is not HIV positive?


2 posted on 07/06/2016 6:19:29 AM PDT by pgkdan (The Silent Majority Stands With TRUMP!)
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To: SleepySimon

The damage is done for that mickie d’s though.


3 posted on 07/06/2016 6:19:59 AM PDT by ealgeone
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To: SleepySimon

Assuming that is the reason for the termination. Wouldn’t be the first time an employee fired for cause dealt the disability card.

And I wonder if that employee had their food handlers card revoked.


4 posted on 07/06/2016 6:21:03 AM PDT by NonValueAdded (JFK Wanted To Send Man To Moon - Obama Wants To Send Man To Ladies Room)
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To: SleepySimon

um.. people with contagious diseases probably shouldn’t be working in food prep!


5 posted on 07/06/2016 6:21:08 AM PDT by TexasFreeper2009 (You can't spell Hillary without using the letters L, I, A, R)
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To: SleepySimon

Things have changed for “Typhoid Mary”


6 posted on 07/06/2016 6:22:45 AM PDT by Gay State Conservative (What Did Loretta and BillyBob Discuss For 30 Minutes In Phoenix? Grandchildren?)
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To: SleepySimon

Maybe they fired him for being an a$$hole?

(That would be my defense)


7 posted on 07/06/2016 6:24:20 AM PDT by Mr. K (Trump will win NY state - choke on that HilLIARy)
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To: SleepySimon

Whatever this costs McD’s pales in comparison to the litigation costs of people suing if they contracted HIV/AIDS from this employee...


8 posted on 07/06/2016 6:24:59 AM PDT by Popman (Christ alone: My Cornerstone.)
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To: SleepySimon

The HIV employee obviously worked at a hot dog stand before McDonalds and got the wrong weenie in his buns.


9 posted on 07/06/2016 6:25:03 AM PDT by sailor76 (GO TRUMP!!! Make America Great Again!)
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To: SleepySimon

I can remember when blood tests for diseases were required for food handlers and also for getting married. Still seems like a good idea.


10 posted on 07/06/2016 6:28:10 AM PDT by ryderann
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To: SleepySimon

This whole Country is upside down right now...

WE, as paying customers DO have the RIGHT to know WHO is preparing our food...

Another reason to stay home and fix your own...

Maybe what we all should do, is sell our homes, whatever we can, move to the hills and plant our food and raise our own chickens, and eat off the land...that way we know who and what is in our food...and water...and we would be a lot better off!!!

Screw the government, until we can right this ship we call America, it’s only going to get worse...


11 posted on 07/06/2016 6:33:03 AM PDT by HarleyLady27 ('THE FORCE AWAKENS!!!' Trump; Trump; Trump; Trump; 100%)
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To: SleepySimon

I doubt it. It was probably for bad work habits. They’re just claiming it was HIV.


12 posted on 07/06/2016 6:34:20 AM PDT by xzins ( Free Republic Gives YOU a voice heard around the globe. Support the Freepathon!)
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To: TexasFreeper2009

“Um..people with contagious diseases probably shouldn’t be working in food prep!”

That is assuming that Just Law is based on Right Reason according to Natural Law.

We now have the elites forcing an irrational system of totalitarianism on us—where Right Reason (Common Sense) is banned-—as is Freedom of Religion, Thought, Running one’s OWN business, etc. The STATE is dictating what you can and can not do-—what is your “natural” rights have become a Marxist/Socialist system which is unconstitutional and evil. Justice can NOT promote Evil....it makes the law an oxymoron.

The “Justice” System is now forcing insanity on the masses (esp. children to destroy the culture (excellence)-—granting special rights and privilidges for some pigs over others (the Business owner is being denied HIS Natural Rights to run his business in the way that he deems “the Best”-—and that is a Natural Right from God-—not the State). His beliefs/thinking is fine—esp. when it is for the greater good—prevent others from getting a deadly disease (provable that HIV is transmittable).

It is a Vice System-—forcing Good and Evil to be eliminated from the Minds of Children. Erasing the Objective Truth which created this nation (Justice—the Queen of Virtue is ELIMINATED for Vice (insanity) promotions-—to make “laws” totally irrational. Removing Right Reason from a Justice System is unconstitutional always.


13 posted on 07/06/2016 6:35:10 AM PDT by savagesusie (When Law ceases to be Just, it ceases to be Law. (Thomas A./Founders/John Marshall)/Nuremberg)
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To: TexasFreeper2009
You must be one of those bigots that doesn't want homosexual blood too.

if this needs a /sarc you haven't been here long

14 posted on 07/06/2016 6:36:46 AM PDT by mykroar (Democrats in 2016: The party of genitalia, real or imagined.)
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To: SleepySimon

This is another vote for full automation in fast food outlets.


15 posted on 07/06/2016 6:36:53 AM PDT by Truth29
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To: SleepySimon

Robots to McDonald’s. They don’t have HIV and they don’t riot.


16 posted on 07/06/2016 6:43:04 AM PDT by School of Rational Thought
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To: sailor76
The HIV employee obviously worked at a hot dog stand before McDonalds and got the wrong weenie in his buns.

You can also get botulism by getting some bad meat in the can.

17 posted on 07/06/2016 6:43:08 AM PDT by PGR88
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To: Popman

“pales in comparison to the litigation costs of people suing if they contracted HIV/AIDS from this employee...”

Unless the employee would spit raw blood on the food and the customer has open wounds in his mouth, I doubt there would be a chance for HIV transmission from any McD employee. That being said, it should be solely a business’ decision to hire or fire its employees.


18 posted on 07/06/2016 6:43:46 AM PDT by sagar
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To: pgkdan

[[Don’t I have the right to know that when I go to McDonald’s the worker spitting on my food is not HIV positive?]]

These government regulations are going to destroy the restaurant industry. No one in their right mind wants to eat food cooked by someone who is HIV positive.

I just assume all of them have it and don’t eat out unless I have to. I’m a lot healthier and have a lot more money in my pocket at the end of the month.

Oh and I have not a flu since I quit eating out.


19 posted on 07/06/2016 6:45:32 AM PDT by Lera ( 1 Corinthians 15:1-4)
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To: SleepySimon

The employee that called out the worker with HIV should be charged and fired. What a creep for doing that. That is the worst part of the story.


20 posted on 07/06/2016 6:46:49 AM PDT by napscoordinator (Trump/Hunter, jr for President/Vice President 2016)
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