EEOC Sues N.C. Restaurant for Refusing to Hire HIV-Positive Applicant For Food Server Job

Restaurants do not have the right to deny employment to HIV-positive job applicants because solely on assumptions that they can’t work safely around food.

The Equal Employment Opportunity Commission has filed an Americans With Disabilities Act lawsuit against a restaurant in North Carolina charging it with refusing to hire an applicant for a server position because he was HIV positive.

According to the EEOC’s lawsuit, the guilty party is Sappyann, Inc., which operates Yesterday’s Pub & Grille restaurant in Sanford, N.C.  The EEOC says the employer discriminated against a man who applied for the server’s job after receiving a medical discharge from the military. When confronted about that by management, the man said he was HIV positive.

He tried to persuade the management that it was safe for him to work in the food industry despite his HIV-status, but it refused to hire him.

Today’s announcement of the filing of the lawsuit is here.

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