Lambda Legal Reaches Agreement with Nodak Enterprises in HIV Employment Discrimination Lawsuit

(Atlanta, Georgia, May 18, 2005) — Just months after launching a national campaign against the company, Lambda Legal has reached a settlement agreement with Nodak Enterprises bringing to a close a federal lawsuit filed on behalf of Joey Saavedra who was fired because he has HIV.

In the settlement, Nodak Enterprises has agreed to adopt a nondiscrimination policy, will conduct extensive training on HIV issues for its employees as well as pay an undisclosed amount of money to Saavedra.

“Employers must come to understand that discriminating against someone with HIV is bad for business and against the law,” said Jon Givner, Director of Lambda Legal’s HIV Project. “We’re pleased that the result was favorable for our client and also sends a message that HIV discrimination will not and should not be tolerated.”

Lambda Legal filed a federal lawsuit in May 2004 on behalf of Saavedra, saying Nodak violated the Americans with Disabilities Act, which prohibits discrimination against qualified people with disabilities. The public action launched against the company last month is part of Lambda Legal’s ongoing “Blow the Whistle on Workplace Discrimination” campaign, which has successfully engaged the public in educating employers about the rights of lesbian, gay, bisexual and transgender people and those with HIV in the workplace.

Saavedra is a skilled auto-glass installer who has worked in the industry for nearly 27 years. When he was hired at Nodak Enterprises as an auto-glass installer, Saavedra told his direct supervisor that he had HIV. Three months later, after news of his HIV status made its way up to the company’s leadership, and just as he was about to qualify for health insurance, Saavedra was fired — even though he did his job well and his direct supervisor wanted to keep him on staff. As an auto-glass installer, Saavedra traveled to customers’ cars, primarily to repair or replace windshields. As is customary in this field, Saavedra performed his duties alone.

“I knew right away that what Nodak did to me was wrong and I knew that no one should have to endure that kind of humiliation and disrespect just because of HIV. I’m glad I fought back and I hope that others don’t have to go through anything like this,” said Joey Saavedra.

Lambda Legal’s “Blow the Whistle on Workplace Discrimination” campaign has already resulted in a number of groundbreaking employment victories for LGBT people and those with HIV. Cirque du Soleil enacted new policies and training and paid a record settlement last year after Lambda Legal filed a complaint and embarked upon a months-long campaign on behalf of a gymnast who was fired by Cirque because he had HIV. Earlier this year, Lambda Legal won critical policy and training changes and an undisclosed monetary settlement for the client from Foot Locker as the result of a lawsuit and campaign on behalf of a gay man who was severely harassed and discriminated against when he worked at two South Carolina stores.

Jon Givner, HIV Project Director for Lambda Legal and Greg Nevins, Senior Staff Attorney in Lambda Legal’s Southern Regional Office in Atlanta are handling the case for Lambda Legal. They are joined by co-counsel C. Michael Bozeman.

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Lisa Hardaway 212-809-8585 ext.266; pager: 888-987-1971 Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education, and public policy work.