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    Judges weigh HIV-infected man's fight to get job

    ATLANTA (AP) — A panel of federal judges appeared skeptical Wednesday of the Atlanta police department's decision to reject a job application from an HIV-infected man.

    The 40-year-old man sued the city in 2010, claiming he was denied a police officer job solely because he has the virus. Atlanta attorneys argued there are other officers on the force with HIV, and said the police department does not have a blanket policy disqualifying candidates with the virus. Gay rights groups and police agencies are closely following the case.

    One of the three judges signaled the lawsuit would likely be sent back to a lower judge to reconsider.

    "I don't see how we can avoid a remand in this case," Circuit Judge R. Lanier Anderson said.

    The judges will issue a ruling later.

    The man sued under the pseudonym Richard Roe and has requested anonymity because he believes his medical condition could prevent him from other job opportunities. He said in an interview he was a former criminal investigator with the city of Los Angeles who discovered he had HIV in 1997, but that it didn't hinder his ability to perform his duties.

    Roe moved to Atlanta to find a better job and joined the city's taxicab enforcement unit. In January 2006, he decided he wanted to join the police force. He passed a series of tests, but hit a snag when a blood test revealed he had the virus that causes AIDS.

    The doctor didn't do any more tests, according to records, and recommended to the city that he have "no physical contact or involvement with individuals."

    Atlanta attorneys said the city follows the recommendation of the physicians who examine candidates, and in this case, the doctor advised the department to limit Roe's interaction with the public.

    "We're told that he can't do the job," said Robert Godfrey, a city attorney. "We have to assume when a doctor tells us this, he can't perform the essential duties."

    Roe's attorney, Scott Schoettes of gay rights group Lambda Legal, said there was no evidence that Roe posed a threat to the health and safety of others. The city violated the federal Americans with Disabilities Act by not fully vetting his client, Schoettes said.

    Roe's advocates said the city's position perpetuates myths about HIV that have persisted for three decades. Modern medical advances have made the disease a manageable condition that in many cases won't affect job performance even in the most demanding fields, they said.

    "I really see an opportunity for the city of Atlanta to make some drastic changes and move forward," Roe said. "I think that's what this whole case is about."

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    23 comments

    • Robert  •  Spencer, Indiana  •  4 mths ago
      What is obviously not in question here is not how he acquired the VIRUS! What is questionable here is the inspecting physicians point of veiw that this man not be permitted in society. I know several physicians that use their own uneducated opinions to censure people's lives. My sister-in-law is a nurse, yet she sees no reason to become more educated on HIV. Yet, she will refuse to even see someone with HIV. This attitude, unfortunately, is rampant among the medical field. I am lucky, in my area, the Cheif of Staff at my local hospital is also my infectious disease physician. He has trained most of the staff there on handling HIV patients with the same care and considerations as any one else coming through those e-room doors! In my opinion, the physician needs re-education and the city of Atlanta needs to get another physicians opinion or two about this situation before denying this man's application.
      • Mark Jenkins 4 mths ago
        Sorry, but your sister in law should be fired from her job. If she refuses to see people with HIV, she has no reason being a nurse in the first place. Perhaps part of the clean-up crew at McDonalds?
      • Robert 4 mths ago
        I agree with you 1000%! It has caused many problems in her family, since I have HIV and she has,from day one been trying to cause trouble for my marriage to her sis. I'm just waiting for her to cross a legal line to smack her down hard! It took us all years to figure out what her problem with me was, she's quite smart about her intentions, but now her family pays little attention to her at all. I relish the fact that she hates the thought that I'm screwing her sis bareback for the past 20 years, specifically since my wife is still negative!
      • Michael 4 mths ago
        Since doctors typically have 12+ years of higher education (4 yrs undergraduate plus 4 years medical school plus 2 to 6 years of residency), I don't think their opinions, especially those health related, can be called "uneducated." What you're really doing is stereotyping someone with differing opinions from yours as "uneducated" simply because you don't agree with them. How very "liberal" of you!
    • muga  •  Irvine, California  •  4 mths ago
      There are nurses and doctors who are positive. HIV does not prevent them from treating patients. I hope this guy wins the lawsuit/ or gets hired to stop perpetuating the stigma.
      • Harry Reamz 4 mths ago
        Hmm...made the same point below and got thumbed down.
        Time to change my avatar :)
    • AB  •  4 mths ago
      ...and cue the bigotry and ignorance. Just as many straight people get HIV from sex as gay people, so having HIV is not an indicator of moral standing. Go find the CDC website and read up on it folks. Yes, it can be transmitted through blood, and people who share needles for drug abuse can give each other HIV. The Doctor didn't say this man was a junkie; he said he had a chronic illness that is treated as easy as peopel treat diabetes. I have worked in hospitals before and I know how many bigots there are in medicine. It is sad, but having a technical education doesn't mean you can't still be ignorant. The ATL police department is becoming internationally famous for being anti-gay so I am not surprised at all that they took this man's status as a reason to not accept him even though he may not be gay at all, but just have HIV. Having HIV is not the same as having AIDS. If you don't treat HIV, it destroys your white blood cells. This allows other illnesses to infect you because you no longer have a defense. AIDS (Aquired Immune Defficiency Syndrome) is the name given to being in this vulnerable state. Having little or no immune system isn't what kills you, it is all the illnesses that your body can no longer "get better from." Imagine being able to catch pneumonia and no medication will help you? Its that type of thing that kills you. So here we have a healthy man who has passed the exams who wants to be a cop and help out and some biased bigoted doctor who says because this guy has a very managable medical issue, he should not be able to. This is bad medicine, this is bad practice, and this is bad ethics. I hope the judges come down hard on the doc and the ATLPD - AGAIN. Maybe someday they will learn.
      • gary s 4 mths ago
        nice reply. it amazes me how many people comment on issues they havent any knowledge on, just an opinion. but we the taxpayer will foot the bill for this.
    • Mark Jenkins  •  Sacramento, California  •  4 mths ago
      Aa an active duty policeman, he might, at some point in his career transfer infected blood (a longshot)- Other than that- there is NO REASON that he SHOULD NOT be hired. It is discrimination, pure and simple for him to be denied employment because of a pre-existing condition- And the ignorant "Doctor" who made the recomendation SHOULD be barred from practice. Where's the CDC in all this? They're based right there in Atlanta- they should speak up on this man's behalf!
    • Anonymous  •  Dallas, Texas  •  4 mths ago
      Since when is HIV covered under the ADA? Cancer is not so why is HIV? The fact is being a police officer there is a good chance that he could get blood on another person be it a suspect, another police officer, a victim, or some on unrelated to the case. The risk is too high to employ him in that capacity. If he is just going to have a desk job no problem but he can not be found suitable to be around the public while performing a job such as a police officer.
    • Diana  •  4 mths ago
      Protected status... what a load of c-r-a-p
    • gary s  •  4 mths ago
      that is against the americans with disabilities act. and, how many other tests are done with the doctor(s) for all other applicants? and, arent there many different things he could do, as a police officer? this looks like another lawsuit we taxpayers will foot the bill on, because of the lunatics running the asylum. i would bet there was a bidding war with the lawyers for this case, it seems like a slam dunk to me, just on federal law alone.
    • Elaine  •  4 mths ago
      Personally speaking, I don't think it's a wise decision to have someone with a communicable disease, to be in a position where they come in contact w/ a large number of the public. Legally, this can lbe ooked at as discrimination, but we all have our own preference and beliefs, regarding personal safety.
      • Silver Firefly 3 mths ago
        But every day you come into contact with people with HIV. They could be your cashier, waitress, the guy behind the ticket counter, etc. And what harm has it ever caused you? That's right, none.
      • ChikeO 3 mths ago
        How do you know these possible contacts have not harmed anybody?
    • Heidegger  •  Pleasanton, California  •  4 mths ago
      Sorry, but there's a reason why the military doesn't allow HIV pos. people. The police is like the military and potentially involves blood. If he infects somebody else, the police department would be looking at a huge lawsuit. The police department should win this case.
    • Emily  •  Chicago, Illinois  •  4 mths ago
      This man will win the lawsuit. That is guaranteed. It sickens me that the city of Atlanta, which had been at the forefront of the civil rights movement, would actually openly discriminate against someone with a protected status.
      Get ready to pay up, Hotlanta.
    • Silver Firefly  •  3 mths ago
      I can't see why having HIV would make you a danger to others or unable to perform as a police officer. If anything, it might allow you to act more quickly in a situation where blood is present, since you won't have as much fear of catching HIV from the blood. It might also give you more compassion for some of the people you come across. If there are other HIV positive officers, than this man should not be disqualified.
    • cybernaut  •  4 mths ago
      Forget the fact that the guy is 40 and now he wants to be a cop. They want young guys, not you oldsters.
    • ChikeO  •  4 mths ago
      Getting AIDS, by some people, is being used as a free ticket to get free money
    • ChikeO  •  4 mths ago
      Hmmm? Applicant's pride, Pubilc's health?
      Applicant's pride, Public's health?
      Applicant's pride, Public's health?

      Any Questions?
    • ChikeO  •  4 mths ago
      Gay rights supporters and this cop applicant is willing to risk the health and safety of other innocent people in order to prove his point. AIDS is not only a debilitating disease it is also very contagious. AIDS can be transmitted to innocent people while one is trying to perform a job that can be very physically tasking. The guy should put the health and safety of others before his own desires.
      • mark 4 mths ago
        NO, stupidity seems to be "very contagious". HIV, on the other hand, is not as you so ignorantly put it "very contagious" You need some serious psychological and medical understanding before making such outrageous statements like this.
      • Robert 4 mths ago
        I agree with Mark above! But one thing he forgot to remind you, is that HIV is not a disease, it is a virus! With the first letter standing for Human not gay!
      • Ricky 4 mths ago
        ChikeO you seriously need some education about HIV. Ignorance training as well.
    • cc  •  Syracuse, New York  •  4 mths ago
      Wow tough one... i dont see that police officers are at such a great risk of their blood coming in contact with someone elses. Unless they get shot, but even then its not as though other people are going to be rollin around in it. With his virus being known, in the event it happens, they already know to take precautions. Maybe i am overlooking other scenarios!
    • brandon  •  4 mths ago
      How di he contract the virus? will insurance cover him for this preexisting condition? If not, who has to pay for it? Sounds like there is more to the story.
    • William  •  Beaverton, Oregon  •  4 mths ago
      There is no doubt that this man can perform all the essential duties required of a police officer.
    • Harry Reamz  •  4 mths ago
      There are nurses with HIV.
      Let the man serve.
    • Dr. Teeth  •  Elmhurst, Illinois  •  4 mths ago
      I think he would be great working at a deli slicing meat and cheese all day.
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