Plant City, Florida – Woman (Patricia Henry) Claims She Lost Job Because She Has AIDS
Patricia Henry learned two years ago that she had AIDS. She claims that she contracted AIDS after having been stabbed with a bloody needle by a mentally impaired AIDS patient while working as a nurse's assistant several years earlier. She left that job and had found another one by the time her diagnosis was confirmed. She was fired from her new job shortly after revealing her disease to her employer.
Now she is suing that employer, Stacy Diaz and 5-D Tropical, a Tampa fish farmer, for discrimination, saying Ms. Diaz fired her because of her condition. The American with Disabilities Act and approved workplace protection in the state of Florida both provide job protection for AIDS sufferers. Ms. Diaz has denied the charges, saying that she fired Ms. Henry for missing too much work.
Ms. Henry is suing for her job back plus a seven figure settlement. Who will win in the case? According to Ms. Henry's attorney, 3-D has several strikes against it in a discrimination lawsuit. These include not having an employee handbook or published grievance process, not making a good faith effort to accommodate Ms. Henry, and perhaps most telling, no references to any disciplinary problems in her file. Find out more about this story at Why was she fired?
If you have a question about the ADA or Florida employment statutes, please contact Wood, Atter & Wolf, P.A. for legal counsel.
