ACLU, TSA settle case of HIV-positive applicant — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

ACLU, TSA settle case of HIV-positive applicant

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in Discrimination and Harassment,Hiring,Human Resources

The federal Transportation Security Administration has settled a lawsuit brought by the national American Civil Liberties Union and its Florida chapter. The ACLU filed an administrative complaint on behalf of HIV-positive Air Force veteran Michael Lamarre, who was rejected for a job as a transportation security officer because of his HIV status.

The TSA had requested a medical examination, and Lamarre’s doctor provided documentation that he could perform the job without any accommodations. Lamarre claims the TSA told him his condition made him more susceptible to colds and viruses and that it was rejecting him for his own good.

Under the settlement, the TSA agrees to review its medical guidelines concerning HIV-positive applicants.

Note: This case highlights the problems with rigid policies concerning employee disabilities. The ADA requires employers to conduct an individualized assessment of the employee’s condition.

{ 2 comments… read them below or add one }

Ray January 23, 2012 at 12:22 pm

Are you planning on having *** with your screener? Routine contacts are risk free. The person sitting next to you on the bus, or in the office, or in the theatre could be HIV positive. Grow up and stop discriminating.28388

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Kathy McCarthy January 23, 2012 at 8:43 am

Where does concern for the general public come into play? TSA folks get “up close and personal” to thousands of people – young and old, healthy and unhealthy. Who is the ALCU protecting?0

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