Aspiring state trooper is denied dream job because of his HIV status, Alaska suit says
A man who dreamed of becoming a state trooper since he was a child says he was denied a job in Alaska because of his HIV status, according to a lawsuit.
The man, who is identified only as John Doe in the complaint, accuses the Alaska State Troopers of discriminating against him.
He “beat out hundreds of other applicants” and was given a conditional job offer from the Alaska State Troopers in October 2020, according to a news release from Shortell Law, the law firm representing him.
As part of the application process, he underwent medical testing with Beacon Occupational Health and Safety Services, which is based in Anchorage, and his status as HIV positive was disclosed, the lawsuit says.
Beacon, which is also named as a defendant in the lawsuit, said he would need “accommodation” because he is HIV positive and had “reservations as to his ability to do the job,” the lawsuit says.
The Alaska State Troopers then rescinded his offer, according to the lawsuit, which was filed June 8,.
In a statement to McClatchy News, a spokesman for the Alaska State Troopers said the agency denied discriminating against the man.
“The public places immense trust in their law enforcement officers, and we review a large amount of information, including an individual’s criminal history, work history, psychological fitness, physical fitness, medical fitness, and truthfulness, as we select men and women to become Alaska State Troopers to ensure that they can maintain the public’s trust,” the statement says. “Due to the threat of litigation by this individual and Alaska privacy laws related to personnel information confidentiality, we cannot go into specifics regarding our decision specific to this situation.”
Beacon did not immediately respond to a request for comment from McClatchy News on June 9.
The man lives with HIV that is undetectable and non-transmissible and would not require accommodation to fulfill the position of state trooper, the release says.
“For years, the State of Alaska has been in the middle of a recruitment and retention crisis, especially in public safety,” Caitlin Shortell, a lawyer with the firm, said in a statement. “Given this reality, it is nonsensical that the Alaska State Troopers turned away John Doe, a healthy, fit, and fully capable applicant, just because he has HIV.”
He wanted to become a law enforcement officer since he was a child and took many steps to prepare himself, including going on ride-alongs, volunteering at the California Highway Patrol Academy and completing an undergraduate thesis on a topic related to law enforcement, the lawsuit says. He also worked as a flight attendant, which helped train him in emergency preparedness and public safety.
“(His) education and work experience made him highly qualified as an applicant for the position of Alaska State Trooper,” the lawsuit says.
On Nov. 10, 2020, a lieutenant told him he was not selected to be a state trooper because he was “not ‘as qualified’ as other applicants,” the lawsuit says. The Alaska State Troopers told him his job offer was rescinded in part because he was not a resident of Alaska and did not have prior military experience, according to the lawsuit.
But the agency routinely hires non-Alaska residents and people without military experience, the lawsuit says.
The agency acted on “incorrect and discriminatory assumptions” about people living with HIV, Shortell said in a statement.
“It does not interfere with his ability to perform the duties of the job,” the statement says. “People living with HIV want to serve in law enforcement. Even having faced discrimination, Doe is still committed to serving as an Alaska State Trooper.”
The agency’s actions caused him to suffer lost wages and benefits, lost earning capacity and humiliation, the lawsuit says.
The lawsuit asks that he be hired as an Alaska state trooper; be compensated for lost back wages, bonuses and benefits; and that the Alaska State Troopers refrain from discriminating against applicants with HIV, among other damages.
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