It is against the law to fire an employee based on a disability that is protected by the Americans with Disabilities Act. Despite the existence of that law, which is honored by the majority of employers in Colorado and across the country, there are still incidents of disability discrimination. One case making news involves a worker at the food chain Subway who says he was terminated because he disclosed he was HIV positive.
The worker told the manager about his medical condition. He says the revelation was greeted with questions from the manager. The manager asked what if the employee cut himself, but then asked what would happen if the customers found out he was HIV positive. A month after the exchange, the man was told he was a liability to the company and was fired from his position.
A suit has been filed by the Equal Employment Opportunity Commission against Subway, alleging a violation of the ADA. Back pay and other monetary damages are being sought on behalf og the ex-worker. In addition to that, the EEOC is also seeking an injunction to keep the company from future disability discrimination.
Disability discrimination cases can hinge on evidence of comments, documents or similar treatment of other individuals with the same disability, along with other proof of discrimination. Colorado employers who are found liable as a result of engaging in disability discrimination may be ordered to cover back pay, employee benefits and other documented monetary damages. Anyone concerned that his or her disability has led to a change in job position or termination has every right to inquire more about the applicability of the Americans with Disabilities Act and what legal measures may be appropriate to their individual circumstances.
Source: fox59.com, "Subway restaurant in Sheridan sued after firing HIV-positive employee", Kylee Wierks, Sept. 29, 2015