Another Burger King Mess: Manager Fired After Disclosing HIV Status

May 8th, 2012 - By Brande Victorian

Source: Syracuse.com

Burger King could be in serious trouble soon if allegations against one of its Virgina restaurants turn out to be true. Christopher Peña, 35, a former manager and seven-year Burger King veteran, says he was unfairly let go from the company last September, three months after he disclosed his HIV status to a supervisor.

Burger King’s official reasoning for firing Christopher on September 19, 2011 was “poor work performance” despite the manager’s claim of not having ever been disciplined before disclosing his HIV status. After though, Christoper said he received disciplinary action, along with several critical emails after one of the nine restaurants he oversaw failed an audit and others had service problems. Christopher and his lawyers claim his dismissal violates the Americans with Disabilities Act which prohibits discrimination based on disability and covers people who are HIV positive.

Burger King did not respond to The Huffington Post’s requests for comment and the company has not yet filed a response in court to the manager’s complaint. Victor Viramontes, a lawyer for Christopher and senior counsel at the Mexican American Legal Defense and Educational Fund, said discrimination against Latinos who are HIV-positive is a serious problem in the workplace.

“When they’re fired from their job, they frequently lose their healthcare with it,” he said.

Christopher wrestled with the decision of whether to tell his superiors about his status once he found out he was HIV-positive in April 2011. He said he eventually told one manager in June 2011 because he felt they should know in case side effects from his medicine caused him to need time off work. He said he was hoping for support, especially since he knew other managers in corporate restaurants, not franchises, who had the same issues with the stores they oversaw.

“It was a very personal decision that I thought about before I did it,” Christopher said. “I was looking more for guidance and support, and that’s why I did it.”

“After I disclosed, I was not the only person in my position who had these types of incidents occur in their restaurants, and I was the only one who was being treated this way.”

Christopher remains unemployed despite going on several interviews since his firing. His lawyer said his office took up Chris’s case particularly because of his long history of good-standing with Burger King.

“The fact pattern is very troubling, particularly against a large corporate entity like Burger King,” he said. “We wanted to step in and send a message to employers that this is inappropriate.”

Do you think Christopher will win this suit?

Brande Victorian is a blogger and culture writer in New York City. Follower her on Twitter at @be_vic.

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  • Pingback: Burger King Manager Fired After Revealing HIV Status...? | 93.1 WZAK

  • Meee

    LAWSUIT!  BK is going to PAYYYYYY!

  • Sitdown

    I agree with those who feel uncomfortable with an HIV positive person preparing their food.  My cousin is HIV positive.  I dont feel uncomfortable around him, but I will never eat or drink after him.  I dont eat at a particular Aunt’s food because I once saw that she didnt wash her hands after using the restroom.  Before seeing this, I ate her food all the time.  So basically, when you know certain things about a person it may change your wiilingness to eat; at least for me.

    Concerning this case, as a manager he probably wasnt preparing food andshould not have been fired.  If he was preparing food, Im on the fence.  I know it’s not right to fire him, but I just wouldnt want to eat their food if I knew.

  • Kismet

    I work in the food & beverage/culinary field & have 2 close family members with HIV. im really astonished @ the level of ignorance & blatant discrimination ppl are displaying. 1st off he was a manager who most likely wasnt preparing food anyway. but in the event that he had 2 help out, the same food handling precautions would be taken, jus like a non HIV positive person
    (handwashing, gloves). but I guess yall think the virus will magically seep thru the skin & gloves onto the food jus cuz a person with HIV prepared it? *sigh*

    • JLM

      You know what, I’m sorry for you and your family members who have been affected by this disease.  It’s not like I haven’t had loved ones touched with this awful disease as well.  All the same, there is no ignorance here.  My statement personally had nothing to do with discrimination or ignorance.  I’m well aware of the CURRENT CONFIRMED modes of transmission.  I also know, however, that they are constantly learning something new about this disease all the time.   You being offended is ridiculous.  Just as in any other service industry, people have the right to choose.  Honestly, I could care less about you being offended. My body, my choice what goes into it and who prepares what goes into it (if I can control it, that is. And we all know sometimes you can’t control it).  My health is in MY HANDS.   If you feel so strongly about the situation, as you obviously do, then start and end with the person in the mirror.  You can’t really change some people’s minds on this (especially not mine)  but you can control your own life and choices. So do so.  YOU can just allow any and everyone to prepare YOUR food  For those of us who opt out of an HIV+ person cooking our food, we have that right as well.  Everyone’s health and maintenance thereof is in their own responsibility and not for you or anyone else to determine.  Thanks.

      • dddooonnnttt

        I’m actually curious what you think ‘worst case scenario’ is going to happen to you if you eat a whopper that was prepared by an HIV+ person. 

    • activist1

      That is very true, I totally agree!

  • http://www.facebook.com/barbara.codner Barbara Codner

    This case makes you think…..  Assuming that he contracted the disease sexually, he made one bad choice and now he’s paying for it for the rest of his life.  It’s not worth it.  Wrap it up!!

  • JLM

    People can get offended all they want but some people (myself included) wouldn’t be comfortable with food being prepared by someone HIV positive.  Doesn’t mean they are discriminatory, it’s a matter of preference.  I won’t let anyone make me feel badly about whatever measures I feel are necessary to protect my health or my appetite.  

    • Stans4Forreals

      I’m sayin… Do u know how many people get so angry that they got HIV that they deliberately give it to others? We don’t know what frame of mind this guy is in.. I feel bad for him but unless he was a victim then he was basically a volunteer! That’s no reason for me to volunteer too. I don’t want any food cooked for or served to me by an HIV positive person.. I don’t care who that upsets!!

    • Tee

      But if you didn’t know his status you wouldn’t feel that way about the man. In that case, every one who handles food should get tested before date of hire; because it makes no sense what you are saying. Many people are walking around and don’t know that they have it. The person who prepared your food today at your worksite could have been HIV. This is exactly why people are so afraid of disclosing their status because of people with your mind frame. Treat people how you want to be treated!

      • JLM

        I dont feel any negative way about the man himself, yet I do feel a certain way about my food being handled by him.  You can say it doesn’t make sense, you eat it then.  I have a choice.  Furthermore, if I didn’t know then I didn’t know, but information is power and if someone discloses their status then I can politely use the knowledge that is provided to make an informed decision based on my own preference.  I don’t apologize for how I feel about something when it comes to health.  You make your choices and I make mine, thank you.  And it has nothing to do with discrimination.

        • Tee

          Fair enough, we are entitled to our own opinion.

    • Nia

      I can agree. My co-worker and I went out to dinner after he disclosed his HIV status to me. I noticed he used his fork in the appetizer we were sharing together and decided then that I was done eating it and would wait for my entree. I love my co-worker as a person and I don’t know why I did that, but I did. Maybe out of fear.

  • http://www.facebook.com/profile.php?id=73701505 Brittany Gladden

    Clearly BK never saw “Philadelphia”…

  • Steffrob

    The only way that you could get in contact with the virus is if his bodily fluids are in contact with yours.  And all food handlers have to wear gloves, so the risk is very low!

    • InterestingOne

      how many times have we heard of workers getting mad spitting in a customer’s food #justsayin

      • Sandy_p

        one would have to drink about 2 pints of spit, before it could actually make a diference in contracting the virus.

  • Charla

    Sorry, but call me ignorant or what have you….but I would prefer my food to not be cook or handled by someone with a disease that has no cure and is spread through bodily fluids.

    • november rain

      I understand that,  but how you do know  that your food ISN’T being handled by someone with a disease that has no cure and spread through bodily fluids? 

    • Miss B

      HIV only lasts a couple of minutes outside of the body. The chances of you contracting the virus from someone who is HIV positive and handling your food is slim. I do understand your concern though but, fear can often make us act outside of logic and compassion.

    • Mls2698

      I won’t call you ignorant. There is still so much to be learned about HIV/Aids that people don’t want to take any chances. At one time they said it could not be transmitted through saliva, but now they say there is a chance. You can’t even put milk in the fridge without a top on it according to food handlers regulations, so why would I want my food next to a package of disease?

    • dddooonnnttt

      A Whopper isn’t a bodily fluid, honey… And while we’re at it black women are the group with the highest rate and risk of infection of HIV. So you really need to be more worried about the people handling your genitals, not your food. If you have so many restrictions on who you want handling your food you might as well cook at home, and even then you don’t know what diseases the person who picked your apple from the tree have. 

      • Charla

        Not sure why you are so offended. A) You don’t know my race (black women are the group with the highest…), B) You don’t know that I eat out or how often I do, C) Everything in my original post is MY opinion. Granted I’m sure a person with HIV has probably prepared my food before, but if I KNEW it, I would have respectfully declined.

        • dddooonnnttt

          A) I don’t know your race, but since this blog caters to a largely black female audience, is it really that crazy to assume you are a black woman? I mean, I am.. Not only that, but I didn’t say you were a black woman. Just stated a fact that does pertain to the mostly black female audience, here, on this black female blog…
          B) Who cares where you are eating. You missed my point clearly.
          C)a) You’re entitled to your opinion, no matter how discriminatory, no matter how much of the information you are armed with is ignorance and not fact, no matter how degrading to another human being, no matter if its wrong. b) I’m just as entitled to respond. Especially if your ignorant opinion is one that has to be chided for the sake of those who you are unfairly marking as ‘too disgusting’ to even put your 2 dollar 2000 calorie hamburger together for you.

        • dddooonnnttt

          PS I’m offended for the same reason that I would be offended if someone said ‘I don’t want a black person making my whopper’. 

      • Stans4Forreals

        So u very racistly tear an entire group of women down because someone doesn’t feel comfortable eating a meal served by someone with HIV? I wouldn’t feel comfortable eating a meal from an HIV positive person. How dare u compare a woman’s sexual choices to if she or anyone has the right to not be served food by people with HIV. One has nothing to do with the other. One can practice safe sex & all but avoid HIV! What protection do u really have from HIV & open food! U know what I’ve said enough to u. U are an ignorant b!tch who really needs to think before your dumb ignorant uneducated trick a s s posts! Stupid slore.. SMH!!

        • dddooonnnttt

          I’m not sure what you felt was racist about what I said? Black woman ARE the group with the highest rate and risk of infection, you can check with the CDC for stats and hard numbers. The point I was making (and you were missing) 1) if you are uncomfortable with a HIV positive person making your Whopper because you are afraid of catching HIV, then you don’t know anything about the transmission of the disease from person to person (not person to whopper to person) and you should educate your self or 2) if you are uncomfortable with a person making your whopper because you think they are somehow ‘nasty’ or not worthy of touching your food then YOU are the “ignorant uneducated trick’ (to use your words!), because that is discrimination. You actually don’t have the right to not be served food by people with HIV, because of discrimination laws.. because you don’t have to protect yourself from HIV and open food, the two are incongruous. Never ever has a person caught HIV from food, it 100% cannot be transmitted that way. That wasn’t an attack on her sexual choices, its called ‘putting things into perspective’. Ironically calling me a ‘stupid slore’ without knowing any of my sexual history is an attack on my entire gender. So.. anyway, later.

        • dddooonnnttt

          MN deleted my response I’ll assume it’s because they would rather perpetuate the idea that it is ok to discriminate against those with HIV than educate those who know not of what they speak (loudly and crassly).

      • Stans4Forreals

        And for the record let me reiterate: u are a racist ignorant s**t pig!

        • dddooonnnttt

          You are very silly. Black women are the group with the highest risk and instance of HIV infection. The reason why I know and care is because I am a black woman.

      • activist1

        That actually is correct, HIV rates and new infections high in black women recently according to CDC studies in addition to others (and before anyone claims I’m done racist white trying to stir up trouble I am black, I thoroughly studied the virus, biology major, and I do preventive advocacy). Do as you feel but these types of attitudes towards individuals with the disease are one of the many reasons it is back on the rise and spreading like crazy.

    • reader

      Well Charla, I just hope you remain in the perfect picture of health and never need the compassion and support of anyone at any point in your life…good luck..

      • Charla

        If I ever contract HIV, believe me, I won’t try to serve people food. Maybe I’ll become a janitor? No need to put other people at risk…

    • Tee

      There are many people that are working and walking around that has HIV and look very healthy. Let’s not negate the fact that they are human beings too, and should be treated the way that you would want to be treated. Especially going though this trying time. If he is being treated differently because of his status, then that is absolutely wrong. If you are going to treat him that way, you mind as well treat everyone that way; because you never know who has it. I pray God removes that spirit of evilness from your hearts!

      • Tink

        Did you really pray? Or are you lying to make yourself seem holier than thou? There’s nothing wrong with someone looking out for their own health and wanting to prevent something that is no doubt a death sentence.

        • Tee

          I understand people are looking out for there health, but you have to be realistic. You don’t know who could possibly have it, so should you treat everyone as if they have a disease. Or just the ones that come out and say they do. People are having sex everyday unprotected, but is so nervous with someone that has HIV preparing their food with gloves. WOW

          • Tink

            But how do you know I’M having unprotected sex??? Wow

            • Tee

              I was speaking in general. But if you are and if you ever have, HIV can sit domain for years, I’m just saying.

            • Tee

              Typo: dormant