Burger King Manager Claims He Was Fired For Being HIV-Positive

A former manager of several Burger King restaurants in Virginia has accused the fast-food company of firing him because he's HIV-positive, according to a lawsuit filed in federal court.

Christopher Peña, a 7-year Burger King veteran, says the company let him go last September, three months after he disclosed his HIV status to a supervisor. Peña and his lawyers claim the dismissal violates the Americans with Disabilities Act, the civil-rights law that prohibits discrimination based on disability and covers people who are HIV positive.

Burger King did not respond to requests seeking comment, and the company has not yet filed a response in court to Peña's complaint. Victor Viramontes, a lawyer for Pena who is senior counsel at the Mexican American Legal Defense and Educational Fund, said his group sees discrimination against Latinos who are HIV-positive as a serious problem in the workplace.

"When they're fired from their job, they frequently lose their healthcare with it," Viramontes said.

The 35-year-old Peña found out he was HIV-positive in April 2011 and wrestled with the decision over whether to tell his superiors, he said in an interview. He eventually told one manager in June 2011 because he felt they should know in case side effects from his medicine caused him to need time off work. He said he was hoping for support.

"It was a very personal decision that I thought about before I did it," Peña said of telling the supervisor, who isn't named in the suit. "I was looking more for guidance and support, and that's why I did it."

Peña was fired on Sept. 19 for allegedly poor work performance, according to the lawsuit. He claims he had never been disciplined before disclosing he was HIV-positive, but received a disciplinary action afterward, along with several critical emails after one of the nine restaurants he oversaw failed an audit and others had service problems. The company said he was being terminated for "a performance issue."

Peña said he knew other managers who had the same issues with the stores they oversaw, but he didn't see any receive the same disciplinary action. He said he worked directly for the company as opposed to any franchisees.

"After I disclosed, I was not the only person in my position who had these types of incidents occur in their restaurants, and I was the only one who was being treated this way," he said.

Peña began working for Burger King in 2004 as an assistant manager, then worked his way up to a position overseeing restaurants in Virginia Beach and Chesapeake, Va. Despite several job interviews since his firing, Pena said he is still unemployed.

The Americans with Disabilities Act was passed in 1990, defining disability as "a physical or mental impairment that substantially limits a major life activity." Because HIV meets that legal standard, it is illegal to discriminate against someone because he or she is HIV-positive. In fact, it's also illegal to discriminate against someone due to a rumor that he or she is HIV-positive. The law applies to all government employers as well as private businesses with 15 employees or more.

Burger King isn't the first employer that the Mexican American Legal Defense Fund has sued claiming discrimination due to HIV-positive status. The group sued Los Angeles restaurant The Ivy on March 29 over the firing of Reymundo Martinez, another Latino man who is HIV-positive. Latinos are disproportionately affected by HIV, particularly men, who are three times as likely to contract HIV than white men.

Viramontes said they took up Peña's case in part because of what he described as Peña's long history of good-standing with Burger King.

"The fact pattern is very troubling, particularly against a large corporate entity like Burger King," he said. "We wanted to step in and send a message to employers that this is inappropriate."

Comments

[Steven Halvorson]

11:32 AM on 09/08/2012

Angry minds perpetuate the paranoid style portrayed by many in United States. I came across an essay by Richard Hofstadter: http://en.wikipedia.org/wiki/The_Paranoid_Style_in_American_Politics HIV in the US is a manageable condition. If the patient complies with the treatment plan, any person working with an HIV positive person should not be concerned. Many other diseases can be spread easily. HIV is one that requires very intimate contact with a person with high viral loads. Few people are concerned about hospital, gym, and school acquired Staph Aureus which can in lead to resistant strains known as flesh eating bacteria. When an employee confides in a manager, supervisor, or CEO they are bringing their concerns to the attention of management. For his honesty, courage, and candor, he was fired by an ignorant and paranoid mindset which has been blended into our government, businesses, and individuals. Now that this employee has been cast out from society and his healthcare support from his employer has been terminated. As cases like this will continue to increase they produce a public health threat. Our tax dollars will now have to pay for this mans condition instead of him working and being productive while he should be receiving care from an insurance company. It may be fun to be seduced by paranoid ideals and ridiculous conclusions. The fact is we just left another soul behind and all the jokes in the world wont change this mans current situation.

[mkbjon]

03:37 PM on 05/10/2012

It is certainly a cause for concern, but people will avoid a person who is responsible enough to do the right thing to take a gamble on those they know nothing about. A worker who is honest and upfront about his issues is probably one who will make sure to take proper precautions in the workplace.

Statistically speaking, there are probably things you have eaten with any number of stomach-churning substances and prepared by workers with heaven knows what illnesses. The workers that don't "come clean," so to speak, are the ones we should really worry about.

[PozMom]

01:20 PM on 05/10/2012

I started a second comment because it was too long when kept together - I hope a mod can fix it so that it shows as a response to my first comment. Thank you.

I acquired my infection while in what I thought was a monogamous relationship. It happens more than you may imagine - but people keep silent about their hiv precisely because of the type of ignorance displayed in the comments following this article. It's astounding.

Someone mentioned their fear was justified because people often commit suicide when they've tested positive. People with hiv who commit suicide usually do it because the ignorance, fear, stigma and outright hatred directed towards them becomes unbearable.

They do NOT do it as a direct response to having the virus, they do it because of how others treat them or perceive hiv positive people in general. It's the stigma and ignorance that ruins lives rather than what is now a medically manageable virus.

The only true "risk groups" are those groups of people who share drug injecting equipment and those people who have unprotected anal or vaginal intercourse with people of unknown or positive hiv status. That second group includes nearly every single adult on the planet.

Test regularly (at least once a year), know your status, and use condoms when you cannot be 100% sure of your partner's hiv status. That's the only way we're going to stop the spread of hiv - NOT by firing hiv positive kitchen workers.

[PozMom]

01:14 PM on 05/10/2012

I'm a mom. I'm hiv positive. My daughter was ten years old when I first acquired my infection. She lived with me until college. I prepared her meals. We shared drinks and took bites off each others' forks. I did all the things with her than any other mom would do.

She is now 25 years old, healthy and hiv NEGATIVE. She has been tested as an adult, but not because of my food preparation or our drink and fork sharing, but because as a sexually active adult, she knows it is the responsible thing to do. She's been taught this since she was sixteen.

I'm willing to bet that at least 95% of the posters here who quail at the thought of eating in a food establishment where poz people are employed have never once been tested for hiv in their entire lives - despite having unprotected anal or vaginal intercourse with who knows how many different partners.

Or even just one partner - a partner who has had partners other than you and has engaged in unprotected intercourse with those other partners. Keep thinking that just because you're not a gay man (and provided you are never served food prepared by a poz kitchen worker - sheesh) that you will not become hiv positive yourself - well, good luck with that outdated, dangerous thinking.

[xxgreyeyes]

08:53 AM on 05/11/2012

I would really love it if you could educate me on this. I know you cannot get HIV through saliva or coughing. I'm more concern out the man's blood somehow getting into a burger and me consuming it with a cut in my mouth. That probably sounds stupid, but I'm really ignorant.

[PozMom]

09:44 AM on 05/11/2012

Hiv is a fragile, difficult to transmit virus that is primarily transmitted INSIDE the human body, as in unprotected intercourse. Once outside the body, small changes in temperature, and pH and moisture levels all quickly damage the virus and render it unable to infect. For this reason, any blood in food is no longer able to infect.

In addition, not only is saliva not infectious, but it also contains over a dozen different proteins and enzymes that damage hiv and render it unable to infect. Hiv can only latch onto and infect a very few, very specific types of cells and these cells are not found in abundance in the mouth, cuts or no cuts. The mouth is an extremely inhospitable place for hiv.

People who share drug injecting equipment only get infected when blood - protected within the needle - is immediately injected DIRECTLY into the blood stream of another person. Even this activity is not a guaranteed mode of transmission every single time. Thankfully, hiv really is fragile and difficult to transmit. Otherwise there would be a lot more people living with hiv than there are.

Use condoms for intercourse and don't share drug injecting equipment, and you will avoid hiv infection. It really is that simple!!!

[unmoved30]

12:32 PM on 05/10/2012

I don't understand why in America the land of the free and brave someone cannot fire someone over whatever reason they want Aids, Tuberculosis, ect. People/corporations should not have to hire people to meet racial quotas or keep someone with Aids. Aids is a very exspensive disease to treat and his body will start to look ravaged. If someone wants to fire someone let them it's there business they should be able to do that.

[unmoved30]

12:17 PM on 05/10/2012

I wouldn't want him making my food either. Hey I'm a paying consumer and That's my opinion. Pretty soon he will start to have bloody scabs on his face and he will look like he is sick. Imagine the bills BK would have to pay for his medical care because Im sure he had medical insurance. Now us tax payers will have to foot the bill for his irresponsible behaviour. HIV is not a cheap disease. Im sure he will look ravaged here soon.

[blondinwa]

03:59 PM on 05/15/2012

Maybe 10 years ago, someone without treatment for HIV may look "ravaged" over time - but that isn't always the case anymore if they're getting treatment early in their infection. Life expectancy isn't too far off from someone without HIV. How dare you assume his infection is caused by irresponsible behavior... you have no idea how he contracted it.

[thepeanutgallery]

08:28 AM on 05/10/2012

Breakdown of Posts for this article:
4%- People saying they don't want him near their food because of fear of contracting HIV/AIDs.
95%- Complaining about ignorance of other posters/people in general, telling other posters/people in general to educate themselves, saying it is impossible to contract HIV from infected persons handling food
.9% People mentioning the movie Philadelphia
.1% People bringing fresh, insightful new topics or perspectives to the article

[arizcitizen]

05:39 AM on 05/09/2012

Some intellignet states require TB and other communicable deseases tests for their food workers. Jus because this one is mexican he expects and demands special treatment as usually the case witht hte mexicans here. Fire ANYONE WITH HIV, TB, OR ANY OTHER COMMUNIVALVE DESEASE. GOOD FOR THE MANAGEMENT. Who ever thought this country would lose it mind, morals, and responsibilities to the customers? Blame the a c l u and their ilk,.

[reserveemailbox]

12:30 PM on 05/09/2012

Because gosh he might want to have sex with your whopper. what an idioit!

[CrazyEyes]

12:50 PM on 05/09/2012

Show me one state where HIV is tested for or a requirement for not working in the food industry.

[J Michael Norris]

01:40 AM on 05/09/2012

Wearing shoes with velcro on the soles so you don't fall up into the sky in case gravity gives out makes as much sense as being afraid to eat food that someone with HIV prepared.

[arizcitizen]

05:41 AM on 05/09/2012

Why should I pay for the chance? I will prefer my food be prepared by a healthy worker, you go ahead and take a chance, not me thank you.

[reserveemailbox]

12:32 PM on 05/09/2012

If there where a chance a person could be infected by someone with HIV handling their food there would be a lot more people infected.
Ignorance is what makes HIV spread easier. I suggest getting educated.

[IrieMoon]

01:23 PM on 05/09/2012

There are other diseases that are much easier to contract that you don't know if the chef in the kitchen has or not.

[periquesf]

07:19 PM on 05/08/2012

It is always astonishing the level of ignorance about HIV and infectious disease. Even more shocking when it comes from people who think they are medical professionals. There is no way to transmit HIV through food preparation unless you are having an unprotected sexual affair with the chef or sharing needles on a drug binge. Yes, I'm 100% sure. Yes, I went to school. Yes, I've studied infectious diseases for 18 years. Yes, you have no idea what you are talking about. Yes, you should go read up on this instead of spreading fear and stigma. Yes, I do suggest that nurse turn in the nursing license back into the state board for shaming the profession.

[Lady1genius]

09:57 PM on 05/08/2012

I agree. If that person really is a nurse, he or she shames my profession.

[michaelbythesea]

05:31 PM on 05/09/2012

"there is no way to transmit HIV through food preparation" ... should go under the heading ignorance is bliss. While I agree the chances are small ... never say never! For example when I worked for the food industry a busboy cut his hand wrongly scooping ice out of an ice machine, leaving blood splatered broken glass in the ice, and bleeding all over our silverware and red cloth napkins being handed out. Even though HIV dies soon after being exposed to air it has been found to survive 20 min or more in droplet form. We were busy, and people were still sooping ice out of the machine and setting up tables until we shut the whole station down. So you are telling me ... it just can't happen? You just can't see it? Really? Well tickets for the titanic ... anyone?

[MrXwild]

05:35 PM on 05/08/2012

Allot of you are SO FAKE! You would never choose an HIV Positive Chef over a Non HIV Positive to prepare or serve food to you in your home or a Restraunt, for those of you that say you would your a complete 100% liar.

[Ken Maloney]

06:02 PM on 05/08/2012

You're an idiot!

[ohslimgoody]

06:11 PM on 05/08/2012

I agree with you...

[arrow7]

05:16 PM on 05/08/2012

BIG SUPRISE.....to those of you who are so very paranoid about individuals with HIV....Bet you didn't know that there are many families all around you that you probably personally work with, interact with on a daily basis, who have a family member infected with HIV.....Mothers or fathers or children, living, cooking, sleeping, playing, growing up together, even having children....living a loving, adjusted life around HIV and of course putting up with the hate and ignorance of those around them......
Scary thought hey??.....Wake up and educate yourself. YOU will be the better because of it.

[arizcitizen]

05:45 AM on 05/09/2012

No you all wake up, this country has lost all sense of personal responsibility. Why do the hiv patients get free medical care, because they yell and moan about how bad their deseae versus the other deseases. Talk about pandering, hiv was usually preventable by the patient, only transfusions were the other means of getting hiv. Until the folks who willingly took chances with their lives learn where the responsibility lies, I have no use for them. They do not deserve any special treatment at all, let them pay their way like everyone else for their self indulgences.

[bxirish]

04:38 PM on 05/08/2012

You are much more likely to get hepatitis from a food preparer than HIV. Food preparers who do not wash their hands after using the bathroom are much more dangerous than a non food handler with HIV (which is not the same as AIDS).

[J Michael Norris]

01:14 AM on 05/09/2012

Food handlers cannot give you HIV.

[arrow7]

04:38 PM on 05/08/2012

With all this uneducated hype of HIV being passed on through "dripping blood" into a food item.
Hey think about it......I don't believe the majority of food service workers would serve the food they prepared with fresh blood on it, whether they were HIV Poz or not... Common sense, they are taught proper food prep.....EVEN IF.......HIV IS NOT....contacted in this maner...

[careyta]

07:39 PM on 05/08/2012

I made this point as well. Any cook who cuts themselves in a kitchen knows to throw out all food they were working on, wash and sanitize all work areas/knives/blades/etc and to properly take care of their wound (bandage/glove/cot/etc).

There wouldn't be blood (HIV+ or otherwise) in your food.

[Lee Laurie]

04:29 PM on 05/08/2012

I usually avoid fast food "restaurants" but to fire someone with an illness is beyond terrible. I will be avoiding BK BIG TIME