AEGiS-WashBlade: HIV-positive Virginia man wins early victory in case against TGI Friday's: McCray will file federal lawsuit

Important note: Information in this article was accurate in 2008. The state of the art may have changed since the publication date.

HIV-positive Virginia man wins early victory in case against TGI Friday's: McCray will file federal lawsuit

Washington Blade - July 9, 2008
Chris Johnson

A commission in Alexandria, Va., has unanimously ruled in favor of a gay man who alleges that the company that owns TGI Friday's restaurants fired him for being HIV positive, meaning a lawsuit against the business could be imminent.

The Alexandria Human Rights Commission on June 30 announced its decision in favor of James McCray, a Woodbridge, Va., resident, after holding an open hearing on the matter May 31. Based on the information presented at the hearing, the commission found that Carlson Restaurants, which owns TGI Friday's, violated the Human Rights Code in Alexandria by firing McCray from his position as general manager.

McCray said he felt justified when he heard about the commission's decision and called the ruling "just one more feather in the cap in the road to federal court."

With the backing of the commission, McCray said he intends to file a federal lawsuit against Carlson Restaurants for violating the Americans with Disabilities Act, which protects people who are HIV positive.

Amy Freshwater, spokesperson for Carlson Restaurants, said her company is "disappointed in the outcome" and wholly disagrees with the commission's decision.

"We absolutely stand by our position that we did nothing wrong or unlawful in regard to this allegation," she said.

Carlson Restaurants terminated McCray on July 26, 2006. McCray said the company fired him the day after he disclosed his HIV-positive status. The company said McCray was terminated because of concerns with restaurant operations and his integrity.

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