McDonalds settles million dollar gay claim out of court

USA - An Iowa gay man who claimed he was fired by a McDonald's franchise in Dyersville after management learned he is gay and HIV-positive has dropped his lawsuit.

Daniel Carver, 46, withdrew the suit "with prejudice" meaning he cannot legally reinstate it and court documents do not indicate why he decided not to proceed.

In a reply to the lawsuit, franchise holders Glenn and Lois Karpinske denied Carver's claims and said that he was fired because of poor work performance and excessive absenteeism.

Neither Carver nor his attorney have spoken with the media. An attorney for the Karpinskes would say only that "the case has been satisfactorily resolved."

It also is not known if Carver has withdrawn a complaint made to the Iowa Civil Rights Commission.

In his original filing, Carver said he had worked for the franchise for about four months, but was fired in February.

He alleged that after management learned he was HIV-positive, he was denied promotion, had his hours reduced and was subjected to derogatory remarks, violence and death threats.

The filing claimed that Carver on one occasion was punched in the stomach by a manager and in another instance was slapped in the face by an employee who called him homophobic names.

"In November 2007, I was threatened by other employees because of my HIV status and my sexual orientation that I, ‘better watch my back or I might get shot,"‘ Carver said in his claim to the commission.

Under Iowa law, it's illegal to discriminate against an employee because of perceived sexual orientation or a disability, which includes HIV status.

McDonald's has not commented on the case. Earlier this year, the fast-food chain announced its support for the National Gay and Lesbian Chamber of Commerce, giving the organization a grant and placing an employee on the Chamber's board of directors.

The action resulted in a boycott call by the conservative American Family Association.

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