Important note: Information in this article was accurate in 1996. The state of the art may have changed since the publication date.
Chicago Tribune (CT) - THURSDAY, July 11, 1996 Edition: NORTH SPORTS FINAL Section: METRO CHICAGO Page: 1 Word Count: 555
Matt O'Connor, Tribune Staff Writer.
But a federal lawsuit filed Wednesday by a former employee of Viola's marketing, communications and graphics design firm portrayed Viola as a heartless employer who fired him because he is HIV positive.
While Patrick N. Martinez was ill with bronchitis last February and off work for six days, Viola wrongfully pried details of Martinez's medical condition from his doctor, the suit alleged.
After Martinez returned to work, Viola confronted him and attempted to force his resignation, according to the suit.
The suit quoted Viola as telling Martinez: "Let's face it, you have AIDS and you're dying."
When Martinez refused to quit, Viola and his business partner grew cold and uncommunicative, the suit contends. The next month, Martinez was fired from the firm, Monaco/Viola Inc.
In a telephone interview Wednesday, Martinez, 39, now working for a competitor, said he believes Viola acted out of concern over the potentially staggering health-care costs of Martinez's illness to his small business.
Although the lawsuit indicated Martinez has AIDS, Martinez said he is HIV positive and hasn't developed full-blown AIDS.
Martinez's lawyer, Paul Vickrey, said Martinez's mistreatment was one of "the most shocking" examples of AIDS discrimination he has seen in seven years of handling such litigation.
In a jab at Viola's AIDS work, Vickrey commented, "It's not a question of whether you attend fundraisers or wear red ribbons but how you react when you have to confront AIDS in your back yard."
Citing the litigation, Viola declined to comment on the allegations.
"I wish I could talk to you about it, but my attorney would kill me if I discussed it with you," Viola said. "This whole thing is just preposterous. The truth will come out."
Jim Flosi, the founder and president of AIDS Care, confirmed that Viola has been on the agency's board since the residence opened in April 1995.
Viola has volunteered many hours and offered the services of his business to produce brochures and other materials for the agency at no cost, according to Flosi.
"Bob is probably the most empathetic person I know," Flosi said when told of the allegations. "For Bob to say anything like that would be so out of character. I can't envision that. He's just worked too closely with us and knows this disease too well."
Martinez said he had been a longtime friend of Viola's before he joined his firm in 1991 in a business-development capacity.
Martinez said he had notified Viola as soon as he learned he was HIV positive a couple years ago.
Martinez said he believes his bronchitis led Viola to fear Martinez had developed full-blown AIDS and prompted the call to Martinez's doctor.
"He was fearful apparently because of the cost, because one thing he mentioned was he couldn't afford to have me," Martinez said.
Vickrey said the doctor will corroborate he was questioned by Viola about Martinez's health.
"We believe it was an honest mistake on the part of the doctor, and the doctor feels very badly for sharing any information with the defendant," Vickrey said.
The lawsuit, filed under the Americans with Disabilities Act, doesn't seek specified monetary damages.
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