I am encouraging anyone who reads my blog or stops by here to please read this open letter and to paste it or version of it into their own blog. The topic of the letter can be found in the article inserted below the letter. Thanks to anyone who does this!
"I am deeply concerned about a recent story regarding the termination of a store manager in Nevada by the store owner after that owner found out the manager is HIV+.
Though I realize it is up to each franchisee to establish policies regarding employee performance, attendance, and other matters, it is up to the parent company to make sure franchisees do not create such policies when they are contrary to federal, state and local laws. It is also the responsibility of the parent company to see to it that the employees of its franchisees are not treated with discrimination, indignity and outright violations of their inalienable rights.
The manager who was fired for being HIV+--and, considering he was so well-regarded for his performance as a store manager, we can only believe that his HIV status was the factor on which the decision to fire him was based--was terminated as a result of discrimination, and it is, indeed, a violation of the Americans With Disabilities Act.
I will look for your statements to the press condemning the actions of the franchisee who committed this crime, and I expect to hear that sanctions have been brought against her, as well as the insistence that the victim of this ordeal either be reinstated as the store's manager or duly compensated for the trouble he has faced as a result of his termination.
If you refuse to do the right thing in this case, I will never again spend my money at any of your company's businesses, and I will encourage everyone I can reach to do the same. I know the gay community, as well as people within the HIV/AIDS community, will feel betrayed and disappointed by your company if the offending franchisee isn't brought to bear for her misdeeds."
Here is the article:
Restaurant Chain Sued After HIV+ Man Fired
by 365Gay.com Newscenter Staff
(Las Vegas, Nevada) A Subway restaurant manager who says he was fired one day after the company learned he is HIV+ filed a federal lawsuit on Thursday. The suit alleges that Robert Hickman was fired in violation of the People with Disabilities Act.
"My HIV status in no way interfered with my ability to perform my job," Hickman said.
"The one thing that should have mattered at all to my employer - my job performance - didn't even seem to enter into their minds when they fired me because all they cared about was that I have HIV."
Hickman is represented by Lambda Legal.
The suit says that Hickman was hired by Donna Curry in November 2004. Curry is the owner of Donna Curry Investments which owns a large number of Subway chain restaurants in Nevada. Curry also is a franchise developer for the restaurant chain's national corporate entity, Doctor's Associates, headquartered in Fort Lauderdale, FL.
Henderson was employed as a manager at a Subway restaurant in Henderson Nevada where, according to court documents he quickly earned a merit increase in his salary.
In December, he was reassigned to manage a store in Las Vegas.
After assuming his new role, the suit says that sales at the store reached record levels.
Despite what the suit calls praise and recognition of Hickman's good work he was suddenly terminated on February 4, 2005, one day after Curry learned that he has HIV.
Later that month, Hickman moved back home to Indiana to be close to his family.
"Not only is it not good business to fire an employee who was rewarded for high achievement just because that employee has HIV, it is also against the law," said Jen Sinton, staff attorney at Lambda Legal and lead attorney on the case.
"Terminating Bob Hickman because he has HIV flies in the face of established law and basic science that shows that HIV did not affect our client's ability to do his job."
The suit is the latest in a number of similar cases fought by Lambda. The most famous was that of gymnast Matthew Cusick who sued Cirque du Soleil after he was fired when the company learned he was HIV+. The company later settled for $600,000. (story)
