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September 09, 2008

HIV-Positive Man Sues McDonald's for Wrongful Termination

A man is suing a McDonald's restaurant in Dyersville, Iowa, allegedly it fired him because he is a gay man with HIV. Daniel Carver claims he was promised a promotion and a full-time schedule, which he did not receive, according to the Dubuque Telegraph Herald newspaper. A manager punched him in the stomach, and another employee called him a "faggot rat" and slapped him with a slice of cheese, Carver alleges. Additionally, he claims he received death threats from other employees. Though he reported the problems to a manager, the incidents continued. He was fired in February 2008, after almost four months of employment.

He has filed his claim with the Iowa Civil Rights Commission. The commission has sent Carver, 46, a right-to-sue letter, prompting him to file suit in the Dubuque County district court.

Iowa law prohibits workplace discrimination based on sexual orientation or gender identity. Since the law was enacted in 2007, the Iowa Civil Rights Commission has received six complaints for gender identity discrimination and eight for sexual orientation discrimination, according to the Telegraph Herald. State law also bans discrimination against an employee who is HIV-positive. The state's department of health reports that nearly 2,000 Iowans have HIV. (The Advocate)

Reader Comments

These comments are reproduced as written by visitors to this Web site. They have not been edited for content, grammar, or spelling. The viewpoints appearing here are those of the writer, and do not necessarily reflect the opinion or views of advocate.com, The Advocate, or its affiliates.

  • Name: Bronzel
    Date posted: 2008-09-16 3:27 AM
    Hometown: LA

    Comment:

    Wtf Mc Donalds loves Gays? they gave $20,000 to defet proposition 8!! and their VP is gay we need them we can hurt them for the thing one Mc.Dopnalds does. They have over 30,00 freaken Mc.Donalds how are they supposed to check everyone? and plus this sounds fake xP but if it does go threw he's fighting against the people who are trying to help him


  • Name: Doug Johnson
    Date posted: 2008-09-09 6:00 PM
    Hometown: Sioux Falls, SD

    Comment:

    Daniel, please hang in there and sue the M-F'ers. God (who?) knows they have the money and they're ruining the health of those who choose to eat there. I am sorry that you had to work at such a ratty place to begin with but, being from South Dakota, I don't believe that the distance from my home to Dyersville, IA would be enough to erase the bigotry and homophobia that is so rampant in my part of the counry. God (who?) go with you.


  • Name: Joseph
    Date posted: 2008-09-09 5:03 PM
    Hometown: Santa Cruz

    Comment:

    I'm originally from Nebraska and this claim sounds right on the money.


  • Name: Cheeseslapper
    Date posted: 2008-09-09 4:38 PM
    Hometown: Phoenix, AZ

    Comment:

    I truly doubt the validity of this claim. Seriously, a piece of cheese? He was promised a promotion, but was fired after only 4 months of employment. Most businesses have at least a 6 month probationary period, and don't offer promotions during that time period. he probably created a bad atmosphere for his fellow employees and is looking for an easy way to make a buck.


  • Name: kenn
    Date posted: 2008-09-09 3:36 AM
    Hometown: weston

    Comment:

    As an hourly manager for fortun 500 company I cannot beleive that the worlds largest fast food chain would allow this to happen. I applaud Iowa for having such a forward thinking legislature that will allow this suit to go forward.


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