Latino and LGBT Activists Rally Behind Former Beverly Hills Busboy

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This is The Ivy, a Beverly Hills restaurant that's the place to see and be seen. It's bordered by a picket fence and littered with celebrities and paparazzi.

And these are the chants of two dozen protesters pacing Robertson Boulevard outside the restaurant today.

Latino and LGBT activist groups met at The Ivy during the lunch rush to support Reymundo Martinez, the busboy who lost his job last year. He started lawsuit proceedings two weeks ago.

"We're here because we think it's unfair that someone be fired just because of their HIV status," said Erika Reyes of The Wall Las Memorias, a Latino HIV education group. "This man is HIV positive and was let go of his job, and it's discrimination."

The case began when Martinez started taking new medication with unexpected side effects. In January 2011 he had to leave a shift early. He took the rest of the week off and brought The Ivy a doctor's note requesting a schedule change. Five days later, the restaurant let him go.

The Ivy management says the restaurant did not know Martinez lived with HIV.

Brian Moulton, Legal Director at LGBT advocacy organization Human Rights Campaign, said the 1990 Americans with Disabilites Act made employment discrimination against people with HIV/AIDS illegal. Restaurants tried to opt out of the requirement then, but Moulton said they've never been exempt, even though people worried that HIV could be transmitted more easily there.

"That there's some sort of threat for an individual working in a food service position, that they might transmit HIV, that hasn't stood up when it's been brought up as an argument in the past," Moulton said. "it really just wasn't supported by the scientific evidence."

Longtime HIV/AIDS activist Eric Gordon said today reminds him of the old days a little too much.

"This seems like a throwback, in a way. I remember demonstrations like this 20 years ago, when people were demonstrating for employment rights, insurance rights, for healthcare, for visitation rights, for all kinds of things," Gordon said. "A lot of those struggles have been won. In the tradition of that struggle, this goes on - even, you know, in Beverly Hills. It's shameful."

But retired United Methodist pastor Rene Ledensa was part of their generation, too - and he still sees hope.

"15, 16 years ago, even some of my parishes were totally against my work. Thanks be to God, we have a lot of answers, a lot of great doctors," Ledensa said. "We need to keep on working, praying, and calling out for people to understand that this is not what it used to be."

The court has not yet begun proceedings on Martinez's complaint.