03/30/2012 // WPB, FL, USA // Injury Lawyers News // Nicole Howley
Los Angeles, CA — The famed Robertson Boulevard restaurant, the Ivy, is facing an employment lawsuit filed by a former busser, who claims he was fired based on his physical disability, reported the Los Angeles Times.
The Mexican American Legal Defense and Educational Fund filed the lawsuit, which alleges that the Los Angeles restaurant violated the Fair Employment and Housing Act by wrongfully terminating the plaintiff, Reymundo Martinez, after he was diagnosed with HIV in December 2010.
Martinez was employed at the restaurant for five months, in which he was “fully qualified for his position and was performing his job duties well,” the lawsuit stated.
After Martinez was diagnosed with HIV, he began taking medication that resulted in strong side effects that caused him to go home sick. When he went home sick, he “was subsequently asked by management not to come to work for the rest of the week,” the MALDEF stated.
In January 2011, the Ivy allegedly denied Martinez reasonable accommodations, made non-job-related disability inquiries and then fired him. The Ivy alleged that “he was unable to professionally carry out his duties.”
The Ivy maintains that they never knew Martinez was sick, and there was a “normal reason” for the termination of his employment.
Legal News Reporter: Nicole Howley-Legal news for California employment lawyers.
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