HIV-positive man sues McDonald's after firing
Posted: Sunday, September 07, 2008
DYERSVILLE, Iowa (AP) -- A former McDonald's employee filed a complaint with the Iowa Civil Rights Commission alleging he was unlawfully fired because he's a gay man with HIV.
Daniel Carver, 46, alleges that what began as a lack of promotions and fewer hours escalated to derogatory names, violence and death threats.
Carver alleged that a manager punched him in the stomach and another employee slapped him in the face with a piece of cheese after calling him a derogatory name.
Carver was fired in February 2008 after nearly four months at the Dryersville restaurant.
State and federal law prohibits discrimination against an employee with a disability, which includes HIV status.
"In November 2007, I was threatened by other employees because of my HIV status and my sexual orientation that I, 'better watch my back or I might get shot,"' Carver wrote.
When reached Tuesday, Carver said his lawyer advised him not to discuss the case.
Neither the McDonald's Corp. nor Glenn and Lois Karpinske, owners of the Dyersville McDonald's, returned calls for comment.
After Carver filed a complaint, he received a right-to-sue letter from the commission and filed a lawsuit in Dubuque County District Court against the Dyersville McDonald's restaurant and the Karpinskes, of Galena, Ill.
Under a 2007 Iowa law, it's illegal to discriminate against an employee because of perceived sexual orientation or gender identity. Within about a year after becoming law, the civil rights commission received six gender identity and eight sexual orientation discrimination complaints, said executive director Ralph Rosenberg.
Rosenberg said the right-to-sue letter isn't a reflection of the case's merits.
Approximately 2,000 Iowans suffer from HIV, according to estimates by the Iowa Department of Public Health.
Daniel Carver, 46, alleges that what began as a lack of promotions and fewer hours escalated to derogatory names, violence and death threats.
Carver alleged that a manager punched him in the stomach and another employee slapped him in the face with a piece of cheese after calling him a derogatory name.
Carver was fired in February 2008 after nearly four months at the Dryersville restaurant.
State and federal law prohibits discrimination against an employee with a disability, which includes HIV status.
"In November 2007, I was threatened by other employees because of my HIV status and my sexual orientation that I, 'better watch my back or I might get shot,"' Carver wrote.
When reached Tuesday, Carver said his lawyer advised him not to discuss the case.
Neither the McDonald's Corp. nor Glenn and Lois Karpinske, owners of the Dyersville McDonald's, returned calls for comment.
After Carver filed a complaint, he received a right-to-sue letter from the commission and filed a lawsuit in Dubuque County District Court against the Dyersville McDonald's restaurant and the Karpinskes, of Galena, Ill.
Under a 2007 Iowa law, it's illegal to discriminate against an employee because of perceived sexual orientation or gender identity. Within about a year after becoming law, the civil rights commission received six gender identity and eight sexual orientation discrimination complaints, said executive director Ralph Rosenberg.
Rosenberg said the right-to-sue letter isn't a reflection of the case's merits.
Approximately 2,000 Iowans suffer from HIV, according to estimates by the Iowa Department of Public Health.
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