EEOC sues Popeye’s Chicken on behalf of HIV-positive applicant

By Michelle Keahey, East Texas Bureau | Sep 16, 2013

TYLER - The Equal Employment Opportunity Commission has filed a lawsuit on behalf of an applicant with HIV who claims Popeye’s Chicken denied him employment.

The EEOC filed suit against Famous Chicken of Shreveport, doing business as Popeye’s Chicken and Biscuits, on Sept. 12 in the Eastern District of Texas, Tyler Division.

Noah Crawford, an individual diagnosed as HIV positive around July 2011, submitted an application with the defendant for its Longview restaurant.

Crawford states that on his application for employment with the defendant he wrote that his reason for leaving his most recent job was medical and during his interview he was asked to disclose the medical condition referenced.

“When Crawford stated that he was HIV, he was immediately informed that he could not work for the Defendant given his condition,” the lawsuit states.

Crawford states he was qualified for employment with the defendant based on his work background, experience and abilities.

The defendant is accused of violating the Americans with Disabilities Act and failing or refusing to hire him because of his disability, HIV.

The EEOC is asking the court for an injunction to stop the defendant from failing to hire qualified employees because of their disability and for any other employment practice which discriminates on the basis of disability.

The plaintiff is also asking for an award of damages for back pay, interest, pecuniary losses, relocation expenses, job search expenses, non-pecuniary losses, compensation for emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, punitive damages and court costs.

A jury trial is requested.

U.S. District Judge Leonard E. Davis is assigned to the case.

Case No. 6:13-cv-00664

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