The United States Equal Employment Opportunity Commission filed a lawsuit against the nightclub Diallo’s of Houston after the owner allegedly demanded an employee show medical records proving she was HIV-negative.
According to the EEOC, such a demand is a direct violation of the American Disabilities Act of 1990, which prohibits employers from making medical inquiries unrelated to the performance of an employee’s job-specific duties.
The complaint states the owner, who also manages the club, claimed he was able to obtain third-party information that the employee was HIV-positive and twice approached her asking her to provide a medical certificate clearing her of said ailment. The woman got terminated when she refused. At first, the EEOC tried conciliatory measures to deal with the employer. When those measures failed, they filed a lawsuit asking for an injunction, backpay with pre-judgment interest, reinstatement (or front pay), compensatory damages, and punitive damages.
Legal protections for workers are put in place to ensure a worker’s rights are upheld and that the employee feels safe in his workplace. If these protections are not met and you work in Austin or another area of Texas, get in touch with our attorneys at The Melton Law Firm by calling our offices today at (512) 330-0017.