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Press Release 09-29-2015

Subway franchise sued by EEOC for disability discrimination

Sheridan, IN. Employee Fired After Disclosing His HIV Status, Federal Agency Charges

INDIANAPOLIS - KAY QSRS, Inc. d/b/a Subway, violated federal law by firing an employee after the employee disclosed his disability to his manager, the U.S. Equal Employment Opportunity Commission (EEOC), charged in a lawsuit it filed yesterday. KAY QSRS operates five Subway franchise locations in Lebanon, Sheridan, Cicero and Indianapolis, Indiana. The franchisee is Shalinder Kular.

According to EEOC's lawsuit, Subway terminated an employee of its Sheridan store (identified as John Doe for purposes of the filing) after he disclosed to his manager, Maria Manawat, that he was HIV-positive.

Such alleged conduct violates the Americans with Disabilities Act (ADA) which prohibits employers from discriminating against employees because of a disability. EEOC filed suit (Case No. 1:15-cv-01517-WTL-TAB) in U.S. District Court for the Southern District of Indiana, Indianapolis Division, after first attempting to reach a pre-litigation settlement through its conciliation process. The agency seeks to recover monetary compensation for Doe in the form of back pay and compensatory and punitive damages. EEOC asserts that the company's actions were intentional and demonstrated a reckless indifference to the worker's federally protected rights. The agency is also seeking other relief, including a permanent injunction to prevent the company from engaging in any future disability discrimination.

"John Doe was a good employee who wanted to work, was fully capable of working and was experienced in the restaurant industry," said Laurie A. Young, regional attorney for EEOC's Indianapolis District Office. He was terminated solely because of stereotypes his employer had regarding persons with HIV. This is unlawful, and EEOC is here to fight such discrimination."

EEOC enforces federal laws prohibiting employment discrimination. Further information about EEOC is available on the agency's web site at www.eeoc.gov.