September 26, 2008

TGI Friday’s Fined for Firing HIV-Positive Employee

Carlson Restaurants, owner of the TGI Friday’s chain, has been fined a $5,000 penalty for allegedly firing an employee at its Alexandria, Virginia, location because he is HIV positive, the Southern Voice reports.

James McCray claims that he lost his job as general manager on July 26, 2006, one day after disclosing his HIV status to employers. On June 30, the Alexandria Human Rights Commission ruled that the company had violated the city’s Human Rights Code and recommended that city manager James Hartmann issue a fine.

In a September 17 letter sent to Carlson Restaurants, Hartmann revealed his decision to collect the fine. He writes, “I have determined that levying a civil penalty against TGI Friday’s/Carlson Restaurants for its act of unlawful discrimination against Mr. McCray is warranted.”

Search: TGI Fridays, Alexandria Human Rights Commission, James McCray

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Previous Comments:

heather, iowa, 2008-11-14 01:57:48
i am going thru the same thing he went thru. i worked at a well known annuity firm and as soon as they found out, they were quick to get me out the door. i am in a legal situation with them right now. i hope for me and for others im the same situation it goes well.

CG, los angeles, 2008-11-01 22:46:21
Isn't this kinda ironic. Magic Johnson has a TGIF in the LA area. Quite a happening place of business. Thank goodness I have seen no negative actions to any of the employees or customers that frequent the business. Hang in there guy. We will over come it one day. No on Prop 8

Mike Arnold, Lexington KY, 2008-10-21 20:13:21
It is good that Hamilton in Miami is healthy enough that his attendance at his job is never questioned. Too bad not all of us are in the same boat. I revealed my HIV status to our director of operations and human resources department last spring because my attendance was called into question. Fortunately they were wonderful and really were willing to work with me, it is sad not all employers are as accepting as mine.

Dean Allen, Long Beach, CA, 2008-10-14 12:36:16
That fine was a slap on the wrist, a wink-wink solution that shows the hypocrisy which will always drive American business. I hope some good attorney contacts the victim and pursues a judgement for wrongful dismissal. Now that the judge has ruled against the restaurant, it would be a case that really could not lose in the court, and James could live on the money while he figures out how to live with our stigma. No, life isn't fair.

keat, , 2008-10-10 21:12:21
Am facing the same problem too am gonna have a compulsory health check by summer 2009. Worrying me so much, I may lost my job if employer discover that i am poz ! I am asking God why do i need to go through such punishment in life ! living with the virus have given us so much of suffering and pain. who care about us ? Our boss ? No they only care about how to make $ ! life isn't a fair deal ! Keat

keith, lexington, 2008-10-07 09:42:34
good for him! i was fired after 14 years on the job in 93 for refusing to take an aids test.i mentioned to a fellow employee that i had some night sweats.. i tested neg. in 94 upon lawyers advice only to get screwed by him once he found out i was gay.he said no harm done and that commonwealth states can fire for any reason..very nasty people in this world.. its the fag desease as usual and will never change.. glad to see some laws are changing for the better

Hamilton, Miami, 2008-10-02 17:14:04
Yet another reason to keep his status to himself. If the public found out and the restaurant lost money should he be held responsible for not keeping quiet? If an illness is not threatening the public it like all medical records should be kept quiet. How many people go to work an annouce I have crabs, herpes or a yeast infection? Not many. HIV should not be paraded around like a badge of honor or courage when the truth is most of us should have been more careful and we would not be positive.

US, , 2008-10-01 05:57:34
Here is something else to think about. If you are a NYC Sanitation Worker and you are hospitalized for any reason you are required to sign a waver allowing the DSNY clinic to access any records pertaining to Mental Health, Alcoholism and HIV. From the date you were admitted to the hospital for 1 year thereafter. If you refuse to sign the waver,the Department of Sanitation will not restore you to full duty and will medically separate you.

Aaron, Michigan, 2008-09-30 18:42:30
I was fired for coming out to my employer about my HIV status, and she fired me in public. I got a lawyer, took the business to court and won a hefty settlement. It hurt their business to the point they had to change their name. James needs to continue this, and take them to court. If we don't begin standing up for ourselves, those that are ignorant will continue to take advantage of us. Good luck James.

Brian Basinger, San Francisco, 2008-09-30 13:52:45
Wow. The AIDS Housing Alliance/SF recently opened a Cafe to create jobs for our HIV community. Part of my rap is about how we've turned the corner on the 'bad old days' when HIVers were fired from restaurant jobs. I guess they ain't over yet.

TexanNSeattle, , 2008-09-30 13:25:11
Wow! $5000, I am over-f-n-whelmed. It should have been a fine that really hurt the company, punitively, and someone should be brought up on criminal charges. I am willing to wager it was not discrimination per se, but they didn't want to have to pay medical for this person.

Penni, , 2008-09-30 09:41:34
It is about time that fines be given for this! Honestly though, is $5000 enough? I think not since this individuals dignity and self worth are much more than a mere $5ooo. So in receiving this judgement I would think that this judgment could be further used towards a personal lawsuit that is very warrented in this situation!

Rebel Price, North Carolina, 2008-09-30 09:39:43
So great, a fine, our worth as an employee is only warranted a FINE? I pray this fella gets a great lawyer and takes this company to court. This is exactly the kind of treatment that occurs many times when we choose to be honest with those around us. The non infected are still scared, ignorant and keeping us at arms length. Boycott all TGIFriday's HIV brothers and sisters. DO IT FOR ALL OF US.

Wamuca, Gaborone, 2008-09-29 02:22:58
If this happens in the US where human rights of all are supposedly granted, what would you expect in the developing world? How abhoring!!!