Man Sues After Being Fired Over AIDS-Test Order

A homosexual man has sued his employers at a Garden Grove business, claiming they wrongfully fired him after they demanded he take an AIDS antibody test.

Robert Paul Jones, who was fired a year ago as an assistant vice president for David and Sheri Stroles of Huntington Beach, states in the lawsuit that they insisted he take an AIDS antibody test after they heard him coughing in the office.

In the suit, filed in Orange County Superior Court on Thursday, Jones claims he was fired two days after the demand was made, even though he took the test as they requested. The test results, two weeks later, were negative.

The Stroles run The Dream Machine and Cinnamon Bears, both at 7192 Patterson Drive in Garden Grove, which make infant clothing and bedding. Jones states that he had been told he would run the businesses after the Stroles retired.

Jones’ attorney, Marjorie Rushforth of Santa Ana, described him as a bright man in his mid-20s from Los Angeles County who was persuaded by the Stroles to take the job after they had seen his work at another business.

AIDS Pamphlets

Jones states in his suit that he was hired Dec. 31, 1984, and that sometime in May, 1985, he told the Stroles that he was a homosexual. He stated that at first they did not seem bothered. But soon, he said, they began to bring in pamphlets on AIDS and suggested he submit to a blood test. The test is designed to detect the presence of antibodies to the AIDS virus. Positive results mean a person has been exposed to the virus that causes AIDS (acquired immune deficiency syndrome).

On Aug. 20, 1985, Jones said, the Stroles told him--after seeing him cough--to go see a doctor, then submit to a blood test for AIDS antibodies and to tell them the results.

Rushforth said in a telephone interview Saturday that Jones went to a doctor that day, as they had asked, and then took the blood test that same day.

The next day, according to Jones’ suit, he was suspended without pay, but the Stroles implied he would be reinstated if blood-test results were negative. Rushforth said Jones told them the tests would not be ready for two more weeks.

Rushforth added that on Aug. 22, 1985, Jones called the Stroles to offer to work at home until the results were in, but during the conversation Jones was told that he was fired.

Then on Aug. 24, four days after the tests, Jones was handed a termination letter by the Stroles. Rushforth said the letter criticized his work.

“But nothing critical had ever been said before,” Rushforth said.

She said Jones had believed everything would be fine if he took the blood test. She said he has no explanation why he would be fired when he followed their instructions, but she added, “this was going on during that whole Rock Hudson thing.”

The movie star had publicly revealed in July, 1985, that he had AIDS. Hudson died Oct. 2, 1985.

Refused to Negotiate

Rushforth said the lawsuit was filed after the Stroles refused to negotiate the issue. The Stroles could not be reached for comment.

Jones claims in the lawsuit it is a violation of state health and safety laws to require an employee to take an AIDS antibody test, and that it is also against the law to require anyone who takes such a test to reveal the results to an employer.

Jones claims he has had to see doctors and a psychologist because of stress caused by the dismissal.

The lawsuit seeks $1.5 million against each of Stroles--$500,000 in general damages and $1 million in punitive damages.