Peña v. Burger King Corporation, Complaint (E.D. Va. 2012)

This complaint alleges that Christopher Peña, the plaintiff, was terminated from his position as Burger King district manager because he has HIV, in violation of the Americans with Disabilities Act (ADA). The plaintiff began working at Burger King in April 2004, was diagnosed with HIV in April 2011, and disclosed his status to his employer in June 2011. He stated he was treated differently because of his disability, and was terminated three months later. While his employer told him he was terminated for performance-based reasons, the plaintiff believes it was due to his HIV status. In his complaint, the plaintiff seeks, among other things, reinstatement as district manager, recoupment of the wages and benefits he lost following his termination, and other compensatory and punitive damages as authorized by the ADA.