(CNN) A man is suing a Kansas restaurant, claiming he was fired because he has HIV -- which would be a violation of the Americans with Disabilities Act.

Armando Gutierrez was a server at a Big Biscuit restaurant in Overland Park, Kansas, when he found out he had HIV in December 2018. Soon after, he asked his manager to sign a form so he could get HIV medication from a state program, according to the lawsuit filed in federal court.

A day later, Gutierrez was told he was being transferred to another location and would have to work Sundays, despite an agreement made when he was hired about a year earlier that he couldn't work that day because of "family commitments," the complaint says.

Gutierrez was fired when he told the restaurant he couldn't work that schedule, the lawsuit claims. The suit seeks back pay and damages.

Attempts by CNN to obtain a comment on the lawsuit from Big Biscuit's corporate headquarters were not immediately successful.

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