Washington Blade - March 3, 2006
Ryan Lee

Hickman first disclosed his HIV status to the company on Feb. 3, 2005, when filling out an application for health insurance, which he became eligible to receive at the end of a 90-day probation period from the date he was hired, Nov. 3, 2004, the lawsuit claims.

When Hickman arrived to work the day after completing the insurance forms, he alleges his immediate supervisor asked for his keys to the store and told him the owner, Donna Curry, wanted to meet with him.

"[Curry] said she had to let me go because I was HIV-positive and because I posed a danger to the customers," says Hickman, who has lived with the AIDS virus for 10 years. "But I was, and am, an excellent worker, and HIV has nothing to do with my ability to do a good job."

IN JUNE 1998, THE U.S. Supreme Court ruled that HIV and AIDS are covered under the Americans with Disabilities Act and an employee cannot be terminated merely for having HIV.

Less than two weeks after he was fired by Subway, Hickman filed a complaint with the U.S. Equal Employment Opportunity Commission and the Nevada Equal Rights Commission, alleging discrimination based on his HIV status. On Nov. 8, 2005, Hickman received clearance from the EEOC to proceed with his lawsuit, which was filed three weeks ago in the Las Vegas division of the U.S. District Court of Nevada.

Hickman says he found "a great feeling of vindication" when Lambda Legal agreed to represent him.

"The Americans with Disabilities Act is clear, and scientific evidence is clear, that you can't fire someone from the food service industry just because of their status," says Jen Sinton, a Lambda attorney representing Hickman. "But apparently this isn't clear to all employers out there, nor to the general public."

IN ADDITION TO NAMING Curry as the lead defendant, the lawsuit also implicates Doctor's Associates, the company that owns the national Subway brand. Curry not only owns several Subway franchises in Nevada, but also is a development agent for Doctor's Associates, meaning she is "primarily responsible for seeking out franchisees to open new locations within [her] territory," according to Subway spokesperson Les Winograd.

"All Subway restaurants are individually owned and operated by independent franchises---the staff hired at each restaurant are employees of the individual franchisees and not Doctor's Associates Inc.," Winograd said in a prepared statement. "However, we require everyone associated with the Subway brand to follow all local and federal labor laws."

Winograd declined further comment on Hickman's firing, citing the pending lawsuit. Curry did not respond to interview requests by press time.

In his lawsuit, Hickman seeks past and future lost wages, benefits and bonuses, along with punitive and compensatory damages for "the severe distress and stigmatization to which he was subjected."

Hickman says he hopes his lawsuit also combats ignorance about people living with HIV.

"Everybody says HIV is not a danger for food service workers, and if [Curry] would've done some research she would've found that out fairly quickly," Hickman says.

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