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Indiana Subway Fires HIV Poz Employee, EEOC Claims

According to a court complaint filed in Southern Indiana, a Subway franchisee may have violated federal employment laws.

Firing an employee because¬†they disclose they are living with HIV is unlawful. It is discriminatory. And it’s against the Americans with Disabilities Act of 1990 and the Civil Rights Act of 1991.

The plaintiff in this case, Equal Employment Opportunity Commission, alleges that a franchise owner in Southern Indiana fired an employee, John Doe, after learning of this person’s medical condition.

According to court documents, the manager of the Sheridan Subway asked the defendant, “What if you cut yourself?” and wondered aloud what what happen if their customers found out. ¬†[One quick gaze at the comments from this news station article shows the lack of education and understanding of HIV transmissions.]

Even more startling is the EEOC attempted to remedy the alleged violation and determined on September 17, 2015, that they couldn’t fix this an issued the Defendant Employer a Notice of Failure of Conciliation.

The EEOC is asking the court for a trial by jury and tons of equitable relief and punitive damages.

If true, this continues a bad year for Subway, after their now ex-spokesperson has been accused of some pretty terrible things. Remember when Subway had only one problem: how to make so many 5 Dollar Footlongs? Burn.

9 Comments Join the Conversation →

  1. Connie Rose

    I checked and could not find the answer to if Subway’s application specifically asks if the employee has any communicable diseases. I worked at a Deli once and that question was on the application because I was going to be working with a meat slicer like the one at Subway…

    • Adam

      Only people with hepatitis C cannot work with food

      (in reply to Connie Rose)
      • Connie Rose

        Thank you Adam..

        (in reply to Adam)
      • Eric

        Wrong Adam, people with hep C can work with food. And Hep C is at least nowadays curable. and if you don’t believe me, i have personal experience due to my mother who has/had hep C and was a baker for a store. The store knew and still hired her.

        (in reply to Adam)
        • natalie

          There is a strain of hepitis might be b that you cannot work in kitchens

          (in reply to Eric)
  2. Linda L. Sidle

    What about the undiagnosed? What about TB? I’m seeing a lot of misinformed people Southern Indiana. Connie you and I need to do AIDS 101 in the Hoosier state.

    • Connie Rose

      Good luck Sis! Beware that state keeps their pitchforks behind the kitchen door near the shotgun… Indiana was not very open to wanting to educate anyone about HIV anytime I asked. The only two programs I helped bring to my rual community was HIV testing offered to pregnant women in 1997, two years before the national implementation of it and HIV 101 was offered to anyone with a drug offense. Otherwise they told me, “We do not have an HIV issue in Indiana”.. I wonder how the 441 diagnosed earlier this year with HIV feel about that…

      (in reply to Linda L. Sidle)
  3. Sarah Bragg-Paquette

    Um Sheridan is in Northern Indiana so not sure why it was filed in Southern Indiana

    • Connie Rose

      That may have something to do with not being able to find a lawyer in his area to take the case.. Until recently there was not one legal advocacy lawyer in the whole state that handled HIV cases. I know because I tried to find one more than once and was told no by every lawyer I contacted I was being harrassed by the locals in my community and the police would not do anything. No one would help me, no one ever helped me and I lived in fear until I was able to move a few years ago.. This guy was lucky to even find a lawyer.. I could be wrong I am basing my opinion on my own experience.

      (in reply to Sarah Bragg-Paquette)

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