McDonald's Manager Fired For AIDS Wins Lawsuit

[Amused]

AIDS Patient Wins in McDonald's Case
By THOMAS J. SHEERAN, AP

CLEVELAND (July 8) - A jury ruled Thursday that McDonald's Corp. discriminated against a restaurant manager who claimed he was forced out of his job after the company learned he had AIDS.

The jury awarded Russell Rich of Akron $490,000 in damages in the second trial on his claim against the fast-food chain. Rich, 41, won $5 million in a 2001 trial but that verdict was overturned on appeal, based on faulty jury instructions from the judge.

Rich's lead attorney, Paige Martin, said she would appeal the amount of the damages based on alleged errors by the judge in the latest case, retired appeals court Judge John T. Patton.

She said the errors included the failure to let the jury decide to award more damages based on costly state-provided prescription coverage that would be lost with a higher income.

The judge could not be reached for comment. Calls to his office went unanswered after regular business hours and a message was left at his home Thursday evening.

But beyond the damages issue, "I'm delighted the jury found McDonald's discriminated against my client a second time,'' Martin said.

McDonald's said it might appeal.

"We are clearly disappointed with the jury's verdict in this case,'' spokesman Bill Whitman said. "As we have stated from the beginning of this case, Mr. Rich's allegations are baseless and without merit.''

Rich started working the cash register at a franchised McDonald's at age 13 and put in 21 years with the hamburger giant, eventually becoming manager of a restaurant that McDonald's owns. Then, he contends, he was pressured to resign in 1997 because he has AIDS. Left without health insurance, Rich said he nearly died from the illness.

Lawyers for Oak Brook, Ill.-based McDonald's said earlier the company was open to settling the case. But Martin called McDonald's $300,000 offer inadequate.

 

[Legendary]

Only $490,000? That seems a little low considering his lost wages + expenses for AIDS meds.
Glad he won though. :thumbsup:

 

[Amused]

Originally posted by: Legendary
Only $490,000? That seems a little low considering his lost wages + expenses for AIDS meds.
Glad he won though. :thumbsup:

Rich, 41, won $5 million in a 2001 trial but that verdict was overturned on appeal, based on faulty jury instructions from the judge.

Rich's lead attorney, Paige Martin, said she would appeal the amount of the damages based on alleged errors by the judge in the latest case, retired appeals court Judge John T. Patton.

 

[brxndxn]

Glad he won.. Any respectable corporation would not leave an employee out in the cold with a life-ending illness.. I know sure as hell Home Depot wouldn't.

 

[Legendary]

Originally posted by: Amused

Originally posted by: Legendary
Only $490,000? That seems a little low considering his lost wages + expenses for AIDS meds.
Glad he won though. :thumbsup:

Rich, 41, won $5 million in a 2001 trial but that verdict was overturned on appeal, based on faulty jury instructions from the judge.

Rich's lead attorney, Paige Martin, said she would appeal the amount of the damages based on alleged errors by the judge in the latest case, retired appeals court Judge John T. Patton.

I know you were implying I didn't RTFA (I did) - I was just surprised at the difference between the amount of judgments, and I hope they win their appeal too.

 

[Amused]

Originally posted by: Legendary

Originally posted by: Amused

Originally posted by: Legendary
Only $490,000? That seems a little low considering his lost wages + expenses for AIDS meds.
Glad he won though. :thumbsup:

Rich, 41, won $5 million in a 2001 trial but that verdict was overturned on appeal, based on faulty jury instructions from the judge.

Rich's lead attorney, Paige Martin, said she would appeal the amount of the damages based on alleged errors by the judge in the latest case, retired appeals court Judge John T. Patton.

I know you were implying I didn't RTFA (I did) - I was just surprised at the difference between the amount of judgments, and I hope they win their appeal too.

AH! OK.

Because of the ADA, I agree with you. Not only should he receive all back and future pay, they should be forced to insure him for the rest of his life.

They broke the law, they should pay.

(No, I will not debate my opinion on the merits and constitutionality of the ADA itself in this thread)

 

[Amused]

This kinda has a side issue for me... As a year or so ago I asked in a poll if people would avoid a restaurant if someone with AIDS worked there.

Sadly, the majority choose to show their ignorance and voted "yes."

 

[mercanucaribe]

Originally posted by: Amused
This kinda has a side issue for me... As a year or so ago I asked in a poll if people would avoid a restaurant if someone with AIDS worked there.

Sadly, the majority choose to show their ignorance and voted "yes."

I probably would, just because I'm scared of AIDS. What if the finger in your salad turns out to have HIV? Or does anyone remember the disgruntled employee who put his HIV ridden blood in a ketchup dispenser?

 

[Amused]

Originally posted by: mercanucaribe

Originally posted by: Amused
This kinda has a side issue for me... As a year or so ago I asked in a poll if people would avoid a restaurant if someone with AIDS worked there.

Sadly, the majority choose to show their ignorance and voted "yes."

I probably would, just because I'm scared of AIDS. What if the finger in your salad turns out to have HIV? Or does anyone remember the disgruntled employee who put his HIV ridden blood in a ketchup dispenser?

You do realize that's an irrational fear, right? No way in hell can a restaurant worker give you AIDS unless you regularly have sex with them and/or go out back and share a needle.

There have been exacly NO, ZERO, ZILTCH cases of HIV transmission by food. If it were possible, you'd have seen at least one by now.

 

[Legendary]

Originally posted by: mercanucaribe

Originally posted by: Amused
This kinda has a side issue for me... As a year or so ago I asked in a poll if people would avoid a restaurant if someone with AIDS worked there.

Sadly, the majority choose to show their ignorance and voted "yes."

I probably would, just because I'm scared of AIDS. What if the finger in your salad turns out to have HIV? Or does anyone remember the disgruntled employee who put his HIV ridden blood in a ketchup dispenser?

There are very few ways to get HIV/AIDS. Either semen or blood must either contact the blood or a mucous membrane. I think there are only three mucous membranes in the human body - anus, genitals and nose, so unless you're snorting blood or semen, you should be OK in a restaurant. Additionally, HIV/AIDS dies almost instantly when it hits the air, so amputated limbs would be pretty safe (regarding AIDS, obviously you still don't want to eat them.) If I recall, it's very difficult to get AIDS from swallowing anything, but I'm not too sure about that.

 

[Amused]

Originally posted by: Legendary

Originally posted by: mercanucaribe

Originally posted by: Amused
This kinda has a side issue for me... As a year or so ago I asked in a poll if people would avoid a restaurant if someone with AIDS worked there.

Sadly, the majority choose to show their ignorance and voted "yes."

I probably would, just because I'm scared of AIDS. What if the finger in your salad turns out to have HIV? Or does anyone remember the disgruntled employee who put his HIV ridden blood in a ketchup dispenser?

There are very few ways to get HIV/AIDS. Either semen or blood must either contact the blood or a mucous membrane. I think there are only three mucous membranes in the human body - anus, genitals and nose, so unless you're snorting blood or semen, you should be OK in a restaurant. Additionally, HIV/AIDS dies almost instantly when it hits the air, so amputated limbs would be pretty safe (regarding AIDS, obviously you still don't want to eat them.) If I recall, it's very difficult to get AIDS from swallowing anything, but I'm not too sure about that.

Not only difficult, but damn near impossible. The ONLY documented case of oral transmission of HIV was kissing, and that was an extraordinary (and questionable) case between two people with horrible gum disease and open, oozing sores in their mouths.

In anyone else, saliva and stomach acids kill the virus.

 

[imported_LoKe]

:thumbsup:
What a bad reason to fire someone.

 

[Ornery]

...he contends, he was pressured to resign in 1997 because he has AIDS.

What a crock! He was, "pressured to resign"? HTF do you do that? And, HTF do you prove this "pressure" had anything to do with an illness? After the McDonalds coffe case, I've got zero respect for our current system. We really ought to have professional juries or something similar.

 

[Acanthus]

Originally posted by: Legendary

Originally posted by: mercanucaribe

Originally posted by: Amused
This kinda has a side issue for me... As a year or so ago I asked in a poll if people would avoid a restaurant if someone with AIDS worked there.

Sadly, the majority choose to show their ignorance and voted "yes."

I probably would, just because I'm scared of AIDS. What if the finger in your salad turns out to have HIV? Or does anyone remember the disgruntled employee who put his HIV ridden blood in a ketchup dispenser?

There are very few ways to get HIV/AIDS. Either semen or blood must either contact the blood or a mucous membrane. I think there are only three mucous membranes in the human body - anus, genitals and nose, so unless you're snorting blood or semen, you should be OK in a restaurant. Additionally, HIV/AIDS dies almost instantly when it hits the air, so amputated limbs would be pretty safe (regarding AIDS, obviously you still don't want to eat them.) If I recall, it's very difficult to get AIDS from swallowing anything, but I'm not too sure about that.

WTF now i cant snort blood and semen in restraunts anymore

 

[Amused]

Originally posted by: Ornery
...he contends, he was pressured to resign in 1997 because he has AIDS.

What a crock! He was, "pressured to resign"? HTF do you do that? And, HTF do you prove this "pressure" had anything to do with an illness? After the McDonalds coffe case, I've got zero respect for our current system. We really ought to have professional juries or something similar.

You don't think people are pressured to quit or are fired because of AIDS?

When I was a volunteer for people living with HIV, I saw this crap all the time.

And while I don't agree with the ADA, it's the law.

At any rate, professional juries would be a huge mistake. Being judged by elitists is not my idea of justice. Does our system have flaws? Yes. Will throwing the baby out with the bathwater fix it? Nope.

BTW, here is the back story:

After a brief illness in July of 1997 Russell Rich, a 20 year managerial McDonald?s veteran, was forced by McDonald's as a condition for continued employment to give them complete access to his medical records. After discovering he had AIDS, McDonald's made his life a living hell and in October of 1997. He was constructively discharged.

There is very little they can do to deny HIV was the cause for his being forced out.

 

[SVT Cobra]

glad he won...!

 

[Ornery]

McDonald's made his life a living hell and in October of 1997.

Proof? I doubt it. Just a bunch of bleeding hearts on a jury going after deep corporate pockets.

I'm going to guess this guy was missing a LOT of work, which instigated the whole problem. There is a cap that your employer's insurance has to meet, before you go on to your own coverage, or Medicaid. Either way, if you can't show up to do your job, what obligation is the company under to keep you?

 

[IGBT]

..yet another reason to stay out of fast food joints. Under what other circumstance would you want a sick, contagious.. food service employee making your meal for you and your family??

 

[Pliablemoose]

Originally posted by: Amused
This kinda has a side issue for me... As a year or so ago I asked in a poll if people would avoid a restaurant if someone with AIDS worked there.

Sadly, the majority choose to show their ignorance and voted "yes."

I was shocked last week when I was assisting a plastic surgeon & when we stepped out of the patient's room he insisted I wash my elbow with soap & water becasue I brushed the patient's cheek with my elbow...:Q

 

[DorkBoy]

Originally posted by: Ornery
McDonald's made his life a living hell and in October of 1997.

Proof? I doubt it. Just a bunch of bleeding hearts on a jury going after deep corporate pockets.

I'm going to guess this guy was missing a LOT of work, which instigated the whole problem. There is a cap that your employer's insurance has to meet, before you go on to your own coverage, or Medicaid. Either way, if you can't show up to do your job, what obligation is the company under to keep you?

I agree, it's pathetic for people to state that McD's should pay him for life.
Here is a tip - Don't get AIDS!

 

[SSP]

Originally posted by: Ornery
McDonald's made his life a living hell and in October of 1997.

Proof? I doubt it. Just a bunch of bleeding hearts on a jury going after deep corporate pockets.

I'm going to guess this guy was missing a LOT of work, which instigated the whole problem. There is a cap that your employer's insurance has to meet, before you go on to your own coverage, or Medicaid. Either way, if you can't show up to do your job, what obligation is the company under to keep you?

Can you prove that? How can you ask for proof of one ambiguous statement and make another completely false assumption about his work habits?

 

[Ornery]

Here is a tip - Don't get AIDS!

Whether he had aids, cancer or went insane, the employer's insurance is only liable for so much. The employer is under no obligation to keep you, if you can't do the job you were hired for.


Can you prove that?

I said I was going to GUESS!

Doesn't matter either way. He was not fired, and that's the point.


Medical coverage disputed in court

• Rich had worked in McDonald's restaurants since he was 13, working his way up to store manager by 21 and earning several individual and store awards. He said he decided to move to corporate-owned McDonald's to advance his career in 1997.
  
  At the time he moved to McDonald's Corp., its employee handbook stated that the health plan did not cover pre-existing conditions. When he raised the issue with the company's benefits administrator, Chuck, she suggested that if Rich wanted his prescription costs covered, he should try to resume his coverage by buying coverage through his former employer (a franchise), according to Chuck's testimony. His former employer declined.

 

[Amused]

Originally posted by: IGBT
..yet another reason to stay out of fast food joints. Under what other circumstance would you want a sick, contagious.. food service employee making your meal for you and your family??

This is the height of ignorance.

Show one documented case of a food worker transmitting HIV via food.

You cannot, because it is impossible.

Do you have many irrational fears? Or is this the only one?

BTW, do you think fast food restaurants are only restaurants HIV+ people work at?

 

[Amused]

Originally posted by: DorkBoy

Originally posted by: Ornery
McDonald's made his life a living hell and in October of 1997.

Proof? I doubt it. Just a bunch of bleeding hearts on a jury going after deep corporate pockets.

I'm going to guess this guy was missing a LOT of work, which instigated the whole problem. There is a cap that your employer's insurance has to meet, before you go on to your own coverage, or Medicaid. Either way, if you can't show up to do your job, what obligation is the company under to keep you?

I agree, it's pathetic for people to state that McD's should pay him for life.
Here is a tip - Don't get AIDS!

The ADA protects him. Don't like it? Repeal the ADA. Until you do, McDonalds put themselves at fault by forcing him out according to the law.

 

[Amused]

Originally posted by: Ornery
Here is a tip - Don't get AIDS!

Whether he had aids, cancer or went insane, the employer's insurance is only liable for so much. The employer is under no obligation to keep you, if you can't do the job you were hired for.

http://www.eeoc.gov/types/ada.html

http://www.eeoc.gov/policy/docs/fmlaada.html

His hospital stays were not so extended as to make it legal to force him out because of his illness.

Ornery, McDonald's broke the law, and became liable. Forcing someone out is the same as firing them in the eyes of the anti-discrimination laws.

As long as the ADA is the law, McDonald's broke it. Fight to repeal the ADA if you please, but as long as it's the law McDonald's is obligated to follow it.

Meanwhile, all laws aside, the morality of forcing out what was, up to that point, a model employee for an illness that in no way affects his job performance is just awful. The people who did this should be ashamed of themselves.