Friday February 10, 2006 SGN.org |
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Volume 34 Issue 06 |
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Saturday, Nov 21, 2009
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Federal lawsuit filed against owner of Nevada Subway stores for firing HIV-positive man |
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| Federal lawsuit filed against owner of Nevada Subway stores for firing HIV-positive man | |
| Store manager fired the day after he disclosed that he has HIV
Lambda Legal is filing a lawsuit today in the United States District Court for the District of Nevada, Las Vegas division, on behalf of a man who was fired by a Subway restaurant because he has HIV. "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." Lambda Legal represents Robert Hickman, who was hired by Donna Curry as a store manager and began work at the Subway restaurants owned by Curry's company, Donna Curry Investments, in Henderson and Las Vegas, Nevada in November 2004. Through her companies, Curry owns many Subway restaurants in Nevada. She is also a franchise developer for the restaurant chain's national corporate entity, Doctor's Associates, headquartered in Fort Lauderdale, FL. Mr. Hickman earned a merit increase in his salary shortly after being hired, and in December, he was reassigned to manage a store in Las Vegas. After assuming his new role, sales at the store reached record levels. Despite praise and recognition of Mr. Hickman's good work as a store manager, Ms. Curry terminated him on February 4, 2005, one day after she learned that he has HIV. Later that month, Mr. Hickman moved back home to Indiana to be close to his family. "My HIV status in no way interfered with my ability to perform my job," Mr. 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 v. Donna Curry Investments, LLC, Doctor's Associates, Inc., et al. (doing business as Subway) is the latest lawsuit in Lambda Legal's Blow The Whistle campaign to end discrimination against LGBT people and those with HIV in the workplace. Earlier this month, Lambda Legal launched its Blow the Whistle campaign website at www.lambdalegal.org/btw. There, visitors can learn how to share their own stories of workplace discrimination or become an ally to others in the Blow the Whistle campaign. Employers, unions, coworkers, customers and clients can all serve as important allies for fairness in the workplace. Motivated by a commitment to equal treatment for all employees, allies can help ensure that people with HIV and LGBT people are treated fairly at work. Jen Sinton, Staff Attorney for Lambda Legal's HIV Project is lead attorney on the case. She is joined on this case by Jon Givner, Lambda Legal's HIV Project Director and Caren Jenkins of Jenkins Law Office PC in Reno, Nevada. Lambda Legal is a national organization committed to achieving full recognition of the civil rights of Lesbians, Gay men, Bisexuals, Transgender people and those with HIV through impact litigation, education and public policy work. A Lambda Legal press release |
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