EEOC: Restaurant Refused to Hire Man Who Was HIV-Positive

TYLER — A corporation that owns and operates several Popeye’s Chicken and Biscuits franchise restaurants violated federal law when it discriminated against a job applicant because he was HIV-positive, the U.S. Equal Employment Opportunity Commission charged in a lawsuit filed this week. The EEOC charged in its suit against Famous Chicken of Shreveport, L.L.C. that the general manager of a Longview Popeye’s restaurant refused to hire the plaintiff for a position, despite his qualifications and experience, upon learning that he was HIV-positive.

According to an EEOC news release, the Americans with Disabilities Act (ADA) prohibits disability discrimination and requires employers to make reasonable accommodations to employees’ and applicants’ disabilities as long as this does not pose an undue hardship. According to the Food and Drug Administration’s Food Code, HIV is not listed as a disease transmissible through the food supply. Defense attorney Juan Cruz has thus far been unavailable for comment. A colleague said Cruz would be back in his office Monday.