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Friday, May 23, 2008
An
HIV-positive
gay
man
is
alleging
discrimination
and
wrongful
termination
against
the
company
that
owns
TGI
Friday’s
restaurants,
prompting
the
Office
of
Human
Rights
in
Alexandria,
Va.,
to
schedule
an
open
hearing
May
31.
James
McCray,
a
Woodbridge,
Va.,
resident,
says
he
was
fired
from
his
position
as
general
manager
on
July
28,
2006,
after
he
disclosed
he
is
HIV
positive
to
Robert
D’Anna,
the
newly
appointed
director
of
operations
for
the
TGI
Friday’s
restaurants
in
the
Washington
area.
McCray
filed
a
complaint
against
Carlson
Restaurants
with
the
Office
of
Human
Rights
on
Nov.
16,
2006.
The
Office
of
Human
Rights,
a
contracted
agency
for
the
U.S.
Equal
Employment
Opportunity
Commission,
already
issued
a
determination
in
August
2007
stating
that
there
was
reasonable
cause
for
discrimination.
The
office
is
holding
the
May
31
hearing
because
Carlson
Restaurants
wants
to
present
new
evidence
in
the
case.
The
commission
reviewing
the
case
is
required
to
make
another
determination
within
30
days
after
the
hearing.
McCray
writes
in
his
complaint
that
D’Anna
(known
as
Robert
Rocher
at
the
time
of
the
firing)
acted
strangely
after
learning
about
McCray’s
diagnosis.
“His
facial
expression
changed
from
inviting
to
a
hard
expressionless
look
then
he
drew
back
from
me,”
McCray
writes.
The
next
day,
D’Anna
summoned
McCray
to
the
TGI
Friday’s
in
Washington
Reagan
National
Airport
and
terminated
him.
McCray
argues
that
his
termination
violated
the
Human
Rights
Code
for
Alexandria
and
the
Americans
with
Disabilities
Act,
which
protect
people
who
are
HIV
positive.
In
response
to
the
accusations,
Carlson
Restaurants
says
McCray
was
fired
because
of
concerns
with
restaurant
operations
and
his
integrity.
The
restaurant
chain
claims
McCray
lied
to
D’Anna
on
July
28,
2006
—
the
same
day
McCray
says
he
acknowledged
he
is
HIV
positive
—
about
an
unrelated
matter.
And
on
the
same
day,
Carlson
Restaurants
says
McCray
arrived
at
work
at
9:15
a.m.,
leaving
an
hourly
employee
with
the
charge
of
opening
the
restaurant.
Company
policy
requires
that
a
manger
show
up
to
open
the
restaurant
at
7
a.m.
and
be
on
the
premises
when
hourly
workers
are
there.
In
response,
McCray
says
that
an
hourly
employee
had
been
opening
the
restaurant
without
a
manager
for
many
years
and
that
this
practice
continued
after
his
termination.
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