Arkansas Man Wins Lawsuit. Was Fired From McDonald’s For Being HIV+

 

Discriminatory practices lost another case this month.

 

A McDonald’s restaurant owned and operated by Mathews Management Co. and Peach Orchard Inc. in Bentonville, Ark., will pay $103,000 and furnish other relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced.

EEOC’s lawsuit challenged McDonald’s treatment of an employee when the restaurant fired him within days of learning of his HIV-positive status. The suit also charged that the companies’ policy of requiring all employees to report the use of prescription medication is also unlawful.

Such alleged conduct violates the Americans with Disabilities Act (ADA). EEOC filed suit (Mathews Management and Peach Orchard, Inc. d/b/a McDonald’s Store # 32295, Civil Action No. 5:16-CV-05166TLB) in U.S. District Court for the Western District of Arkansas, Fayetteville Division, after first attempting to reach a voluntary pre-litigation settlement through its conciliation process.

After EEOC filed suit, the former employee intervened in the case with his own lawsuit and was represented by Joshua L. Bailey of the Hogue Law Firm in Fayetteville, Ark.

In addition to the monetary payment, the companies will also conduct disability training for its managers and revise their policy requiring mandatory disclosure of prescription medications.

Mathews Management Company owns and operates 34 McDonald’s restaurants, including all of the restaurants in Northwest Arkansas and adjacent areas in Missouri and Oklahoma. This includes the store located in Bentonville. – insurancejournal.com

 

 

It was not stated if John Doe (as he was referred to in the lawsuit) was LGBT.  If he was fired for being LGBT, there would have been no protection for him.  As we reported in February of 2015, just around the time when Doe was fired, It's Official: Non-Discrimination Laws Protecting LGBT Are Now Illegal In Arkansas:

 

Republican Gov. Asa Hutchinson allowed legislation to go into law without his signature that bars cities and counties from expanding anti-discrimination ordinances beyond what the state already prohibits, making Arkansas the second state to approve such a prohibition. Arkansas' anti-discrimination protections don't include sexual orientation or gender identity. Monday marked the end of the five-day window for Hutchinson to take action on the bill or allow it to become law.

Hutchinson had raised concerns about the bill infringing on local control, but said he wouldn't veto it. His office said his position hadn't changed and he allowed the proposal to become law, despite a last-ditch campaign by advocacy groups urging him to veto the legislation. The law won't take effect until 90 days after the Legislature formally adjourns, which is currently set for May. – The Associated Press

 

Congrats Mr. Doe for your win.

 

h/t: insurancejournal.com, The Associated Press

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