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Law Offices of Dan A. Atkerson

I’m Not Lovin’ It: Is McDonald’s Guilty of Disability Discrimination?

By Dan Atkerson on July 27, 2016

Group of Multiethnic Diverse Business People

A McDonald’s franchise restaurant has recently been sued for disability discrimination in the workplace. The restaurant allegedly fired a man days after he was diagnosed with HIV. The Equal Employment Opportunity Commission has accused McDonald’s of violating the Americans with Disabilities Act. They argue that the company committed workplace discrimination and wrongful termination.

In addition to the discrimination and wrongful termination of one employee, the EEOC is also suing McDonald’s for an ongoing policy which violated the ADA. According to the lawsuit, McDonald’s continues to maintain a company policy that requires employees to keep management informed of any prescription medication they are taking.

The EEOC will be seeking back pay, compensation for benefits lost, and the immediate removal of the drug reporting policy. The plaintiff and his attorneys hope that the lawsuit will also help to prevent any further discrimination against other employees in the future.

HIV and Disability Discrimination in the Workplace Are Alive and Well

HIV discrimination may be more uncommon than in the past, but it still occurs every day. You are protected from HIV discrimination in the workplace if you work at a company with 15 or more employees. You must also be able to perform your job with little or no accommodation.

Your employer may not ask about your HIV status, and they cannot share that information if you choose to disclose it to them. Fear of HIV transmission is rarely a good enough reason for termination on its own.

Dallas employment lawyer Dan A. Atkerson has been practicing employment law for more than 20 years. He has fought hard against unjust workplace discrimination every day.

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