PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us via telephone or through video conferencing. Please call our office to discuss your options.

Gould & Berg , LLP | Attorneys At Law

Flexible Appointments Available



Man with HIV claims discrimination in employment litigation

On Behalf of | Nov 5, 2018 | Employment Litigation

Many people have illnesses, disabilities or other health conditions that often have a negative stigma attached to them. Though these stigmas may have no real basis, individuals can still suffer from negative treatment and discrimination from others. When employers treat workers unfairly because of their conditions, it may warrant employment litigation.

New York residents may be interested in an lawsuit currently underway in another state. Reports indicated that a former employee of the burger chain Five Guys has filed suit against the company for discrimination. Apparently, the man began working for the chain in 2013, and several months later, he was diagnosed with HIV. However, his doctor stated that he was cleared to work with the stipulation that he wear gloves. Issues for the man began when the chain hired a new manager, and that manager reportedly began harassing the worker.

The worker claims that his manager made fun of his piercings, forced him to apply for Family and Medical Leave Act leave and told the man’s co-workers about his condition. Approximately one month after his diagnosis, the man was fired from his job. He then filed a complaint with the Equal Employment Opportunity Commission, which found that the company violated the applicable law. The EEOC did not move forward with a lawsuit on the man’s behalf, which led the man the file suit on his own.

Harassment, discrimination and other unfair treatment can commonly lead to employment litigation. As this man’s case shows, it may be necessary to take this step when mistreatment results in an unfair termination. New York residents who believe that they have been subjected to discrimination due to health conditions or other factors may wish to explore their legal options.