McDonalds Loses HIV Case

For the second time a jury has sided with an Akron, Ohio, man who claims McDonald's forced him out of the company after learning his HIV/AIDS status.

On Thursday a Cuyahoga County Common Pleas jury unanimously ruled in favor of Russell Rich, 41, awarding him $490,000.

When Rich was 13 he started working the cash register at McDonald's. Twenty-one years later, he was a manager of a company-owned restaurant. But in 1997 he said the company pressured him to resign because he has AIDS.

Without health insurance, Rich said he nearly died. In 1998 he sued the company, but became so ill he was not sure he would survive to see the lawsuit through.

In 2001, a jury awarded Rich $5 million. McDonald's appealed, and the verdict was overturned, based on reportedly faulty instructions to the jury from the judge.

"With me, it's always been the principle, not really the money, but I was disappointed in the amount because my medications cost $145,000 per year," Rich told reporters after Thursday's decision.

Rich said he plans to appeal.

Rich's lead attorney, Paige Martin, told the Akron Beacon Journal, "I'm delighted the jury found McDonald's discriminated against my client a second time." But Martin added Judge John T. Patton failed to let the jury award more damages because of the costly state-provided prescription coverage that would be lost with a higher income.

A spokesman for McDonald's said the company is also considering an appeal. "We are clearly disappointed with the jury's verdict in this case," said spokesman Bill Whitman. "As we have stated from the beginning of this case, Mr. Rich's allegations are baseless and without merit."

http://www.gay.com/news/article.html?2005/07/11/2

Crazy stuff, how a company can treat employees like that in this day and age simply astounds me.

Although, to be fair, considering this guy isnt doing it for the money so he says, why he would appeal the awarded damages is beyond me.

Regards,

Lee