Local restaurant chain The Big Biscuit forced out employee with HIV, lawsuit alleges

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OVERLAND PARK, Kan. — An employee of the Kansas City-area restaurant chain The Big Biscuit alleges in a lawsuit that he was forced out after telling a manager that he had been diagnosed with HIV.

Armando Gutierrez filed the lawsuit Tuesday in federal court.

It says he had been working as a serving for a year at The Big Biscuit restaurant in Overland Park, and during that time, management liked his work.

But in late 2018, he was diagnosed with HIV, the suit says.

He later approached a manager because he needed proof that he didn’t have employer-provided health insurance to be eligible for a state program that helps people with HIV. The lawsuit says he brought in the necessary paperwork for his manager to sign.

The next day, Gutierrez was informed that he was being transferred and would begin working on Sundays, which he says his boss knew he needed off because of family commitments.

The lawsuit says he protested the schedule change, but Gutierrez said his manager refused to budge. When he told his manager he couldn’t work the new schedule, Gutierrez said he was fired.

The chain’s attorney didn’t respond to an email from The Associated Press seeking comment.

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