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Job applicant sues Texas Popeye's for discrimination

Popeye's, the shortened name for a chain of restaurants serving fried chicken and buttermilk-style biscuits throughout America, is considered one of the preeminent fast food franchises. Each Popeye's franchise location is individually owned and operated; however, it must still follow all laws regarding hiring discrimination. As with all fast food establishments, it regularly accepts job applications for prospective workers. One applicant who tried for a Popeye's job in Texas is now suing for discrimination.

The man, who is HIV-positive, claims in his lawsuit that he was denied work because of his medical condition. He believes that his qualifications were ideal for the position, but says that he was still refused employment. This, he alleges, is against EEOC regulations and therefore constitutes discrimination.

The events leading up to the discrimination charges started in 2011 when the man submitted his job application to a Texas Popeye's. He received an interview by the general manager and was asked about the medical condition he referenced on his application. The man alleges that as soon as he told the general manager he was HIV-positive, he was told that he could not be hired despite his past work experience.

The man first tried to get the Popeye's franchise owners who operate Popeye's locations across Texas to settle the case. No settlement was reached. Thus, the man, is seeking remuneration for the alleged discrimination against him. The stated hope, beyond receiving monies for his experience, is to make a case against employment discrimination of people who have medical conditions, especially HIV-positive individuals, whose disease is not recognized by the FDA as communicable or dangerous in a food-related workplace setting.

Source: Focus Daily News, Popeyes franchisee sued for disability discrimination, No author, Sept. 21, 2013

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*Alfonso Kennard, Jr. and Terrence Robinson are Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization. Alfonso Kennard, Jr. has been recognized as a SuperLawyer in 2010, 2011, 2012, and 2013. Terrence Robinson has been recognized as a SuperLawyer in 2005, 2006, 2011, and 2012. Alfonso Kennard, Jr. and Terrence Robinson are AV Rated by Lexis Nexis-their highest distinction since as recently as 2013. Both have been designated as Top Laywers, by Lexis Nexis.