Update on Nevada HIV Employment Discrimination Case

MadProfessah previously blogged about news reports of an HIV employment discrimination lawsuit filed by a Las Vegas, Nevada man against a Subway franchise last year. Now comes word that the suit has been settled, and the employee essentially won the case. Robert Hickman was hired as a manager of a Subway restaurant in November 2004 and when he became eligible for health benefits after 3 months of employment he noticed that the application required disclosure of HIV status. He disclosed to his employer that he was HIV-positive and worried about getting health coverage and was promptly discharged from employment the next day. With the assistance of Lambda Legal he filed a lawsuit against Donna Curry Investments doing business as Subway (Hickman v. Donna Curry Investments, Inc.)

On December 20, 2006 that suit was settled and a press release (excerpted below) issued by Jen Sinton, the Lambda Legal HIV Project lead attorney in the case (pictured above):

The settlement between Robert Hickman and Donna Curry Investments is fully executed. Among other things included in the settlement, the company agrees that its written policies will explicitly state that it does not discriminate against any qualified individuals with HIV. Additionally, all managers and employees in supervisory roles will be trained on how HIV is transmitted, thereby putting to rest any concern about HIV transmission in the food service industry, and they will be instructed regarding the legal obligation not to discriminate against existing or potential employees based on HIV or AIDS. According to the Nevada State Health Division, although Nevada has the nation’s 35th largest population, it ranks 14th in the nation for the rate of adolescents and adults living with AIDS.

These words by the successive plaintiff express Mad Professah's thoughts on this case most eloquently: "Employers must learn what the CDC already knows: 25 years of scientific study confirm there is no known risk of HIV transmission to customers or anyone else through the normal course of business at a restaurant."