Armando Gutierrez learned he had HIV in December 2018.
Armando Gutierrez learned he had HIV in December 2018. (atakan/Getty Images/iStockphoto)

A Kansas man is suing the restaurant he used to work at, claiming he was fired because he has HIV, according to a lawsuit obtained by CNN.

Armando Gutierrez learned he had HIV in December 2018. After asking his manager at a Big Biscuit restaurant in Overland Park to sign a form that would get him HIV medication from a state health program, Gutierrez claims he was transferred and given a schedule the restaurant knew he could not work because of “family commitments."


Gutierrez was fired when he told the restaurant the new schedule was incompatible.

“Almost immediately upon learning of Plaintiff’s medical diagnosis, management changed his schedule in such a way that it knew he could not continue to work,” according to the lawsuit.

The suit, which is seeking back pay and damages alleges Gutierrez’s firing violated the Americans with Disabilities Act.

“The ADA prohibits discrimination by employers, places of public accommodation, and state and local government entities,” according to HIV.gov.

Gutierrez filed a complaint with the Equal Employment Opportunity Commission earlier this year before proceeding with his lawsuit.

Mark Duggan, one of Gutierrez’s lawyers, told CNN, Gutierrez is still angry nearly a year after he was fired.

“He’s obviously upset about his diagnosis and the fact that he lost his job because of it just exacerbated the problem,” Duggan said.