OVERLAND PARK, Kansas (CNN) — A man is suing a Kansas restaurant claiming he was fired because he has HIV.
If so, it would be a violation of the Americans With Disabilities Act.
Armando Gutierrez was a server at the Big Biscuit restaurant in Overland Park, Ks., when he was diagnosed with HIV last December.
Soon after, according to the lawsuit filed in federal court, he asked his manager to sign a form so he could get HIV medication from a state program.
The complaint states that a day later, Gutierrez was told he was being transferred to another location and would have to work Sundays.
That is despite an agreement he made when he was hired about a year earlier that he couldn’t work that day of the week because of “family commitments.”
The lawsuit claims Gutierrez was fired when he told the restaurant he couldn’t work that schedule.
Attempts to get a comment on the lawsuit from Big Biscuit’s corporate headquarters were not immediately successful.
The Centers for Disease Control and Prevention said someone can’t get HIV by eating food handled by someone with HIV.
People with HIV have been protected from discrimination by the ADA since a U.S. Supreme Court ruling in 1998.