Chattanooga, Tennessee Busted for HIV Discrimination

Apparently not everybody is aware that the ADA ("Americans with Disabilities Act" - federal legislation which exists to protect those who are disabled from discrimination in employment.). At least not everybody in Chattanooga, Tennessee.

The city had refused to hire a man as a police officer because he is HIV-positive. This even though the applicant, Louis Holiday, had passed all written and physical tests and in every way had shown that he was capable of performing the job. The city's initial contention was that they feared that Holiday would be a risk for transmittal of HIV to other personnel, but they quickly backed down on that claim when faced with the facts about HIV transmission, but would not acknowledge that they erred in their refusal to hire Holiday.

Holiday didn't take the rejection sitting down and sought protection from the discrimination, and while a lower court ruled in favor of the city, the U.S. 6th Court of Appeals ruled in favor of Holiday, noting that he was "entitled to be evaluated based upon his actual abilities and relevant medical evidence, and to be protected from discrimination founded on fear, ignorance and misconceptions."

This ruling assists in solidifying the protections of the ADA which ensure that job applicants and employees who are HIV- positive are protected from discrimination because of that status.

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