FOR IMMEDIATE RELEASE CR THURSDAY, JULY 11, 1996 (202) 616-2765 TDD (202) 514-1888 JUSTICE DEPARTMENT SETTLES CASE AGAINST RESTAURANT ALLEGED TO HAVE FIRED WAITER WITH HIV/AIDS WASHINGTON, D.C. -- The Department of Justice today announced a settlement with an Illinois restaurant that allegedly fired a waiter because he had AIDS. Under the Americans with Disabilities Act (ADA), persons with HIV and AIDS are protected "individuals with disabilities". According to the agreement, the Decatur Illinois Park District, operators of the Main Hangar Restaurant in Decatur, will implement a policy to educate its workers about the ADA, which prohibits discrimination against people who have AIDS or HIV. The park district will also pay compensatory damages to the fired waiter. The Centers for Disease Control and Prevention (CDC) has found no evidence indicating that AIDS can be transmitted in connection with the preparation of food or beverages. AIDS can only be transmitted by sexual contact with an infected individual, exposure to infected blood or blood products, and from an infected mother to her infant. "The Justice Department is committed to protecting the rights of people with HIV and AIDS," said Deval L. Patrick, Assistant Attorney General for Civil Rights. "There is no medical or legal justification to exclude individuals with AIDS or HIV as food service workers." In 1994, the man filed a complaint with the Equal Opportunity Employment Commission (EEOC) alleging that he was terminated from his position as a waiter at the Main Hangar restaurant because he had the AIDS virus. He began his job on February 1, 1994, informed the restaurant of his condition on February 16, and was terminated from his position on February 22. Under the agreement the park district will: sponsor a training program to educate food service employees about the requirements of the ADA with respect to individuals with HIV/AIDS; publish a HIV/AIDS non-discrimination policy in employee handbooks; and, pay compensatory damages of $17,500 to the complainant. The EEOC currently has over 1,000 charges filed against employers alleged to have discriminated against individuals with HIV or AIDS. Some of the charges were brought by food handlers and several private lawsuits have also been filed alleging HIV- related discrimination in food service settings. The ADA prohibits discrimination on the basis of disabilities in employment, public services, and public accommodations. As part of its public education campaign, the Justice Department has created a public service announcement advertising a toll-free ADA hotline. The ADA hotline number is 1-800-514-0301 or (TDD) 1-800-514-0303. # # # 96-332