The Sunday Mail
AN American John Doe (protected identity) is one of the few people who managed to sue his employer after being dismissed on grounds of his HIV status and was reinstated after a 1992 court ruling.
Residing in Washington, DC, Doe was offered a position as a firefighter in 1989 after successfully passing the written and physical examinations and all other prerequisites.
However, his work contract included a clause that if ever there was any derogatory or adverse information, his appointment would be terminated. Doe did not consider his HIV positive status to be “derogatory or adverse information”, and the fire department had not tested him for HIV or inquired about his status before offering him the job.
He then contacted an official within the fire department and disclosed his status.
Doe was asked to undergo two blood tests for HIV, both of which were positive. Thereafter, he contacted the fire department for several weeks but he was never informed whether he should report for duty or if the offer of employment had been withdrawn.
The court held that Doe was entitled to employment in the fire department and the district was warned against discriminating on the basis of HIV status and was required to declare that the city’s policy and practice of denying employment on the basis of HIV status violated the law. – Online
