Famous Chicken of Shreveport, L.L.C. a Popeye's Chicken franchisee, has agreed to pay $25,000 and provide other significant relief to settle a disability discrimination lawsuit brought by the EEOC.  The EEOC charged the company with unlawfully denying employment to an HIV-positive applicant because of his disability at a Longview, Texas Popeye's location. 

The EEOC charged in its suit against Famous Chicken that the general manager of a Longview, Texas Popeye's restaurant refused to hire Noah Crawford for a position, despite his qualifications and experience, upon learning that he was HIV-positive.  According to the EEOC's suit, when he applied with the Popeye's franchise, Crawford had years of prior experience working at a fast food restaurant, including experience as a general manager. In response to the question on the application, "reason for leaving" his most recent job, Crawford wrote, "medical."  Crawford reported to the EEOC that after submitting the application, he was interviewed by the general manager and asked to disclose the "medical" condition referenced.  When Crawford stated that he had HIV, he was immediately informed that he could not work for Popeye's given his condition. According to the Food and Drug Administration's Food Code, HIV is not listed as a disease transmissible through the food supply. 

Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits employers from discriminating against qualified individuals with disabilities in hiring.  The ADA also prohibits employers from making pre-employment, disability-related inquiries of job applicants. 

Under the terms of the three-year consent decree settling the case, Popeye's will pay $25,000 in relief to Crawford.  In addition, Popeye's has agreed to provide training for all managers, area supervisors and human resources professionals on the ADA.  The training will include instruction on medical related inquiries and pre-employment inquiries using the EEOC's "Job Applicants and the Americans with Disabilities Act" as a training guide.