Trio Alleges HIV Bias By American Airlines

[davidinalameda]

http://www.365gay.com/newscon05/03/030704aaHIV.htm

Three men who say they were rejected for jobs as flight attendants with American Airlines because they are HIV-positive will be allowed to sue the carrier a federal appeals court has ruled.

The decision overturns a ruling in U.S. District court in 2003 and sends the case back to that court for further proceedings.

Walber Leone, Vincent Fusco and Richard Branton claim that between 1998 and 1999 American had offered them jobs as flight attendants.

[sui generis]

1. this will be a landmark case

if an employer can require that you are medically tested before hiring you, then absolutely anyone can refuse to hire you for having a family history of heart trouble or cancer or childhood leukemia or, name your plague.

What's more, since they're not your employer after having your records in front of them they may not actually be subject to HIPAA restrictions themselves.

Ever had a mole removed and biopsied? You too could be refused a job.

[arwalden]

2. To Answer Your Question...

>> Ever had a mole removed and biopsied? You too could be refused a job. <<

Yes I have. And fortunately it was just a mole. --- But when I changed employers, I lao changed insurance providers, this was a big issue with the insurance folks that went on for weeks before they would agree to fully cover me.

I can see how this could become an issue when it comes to hiring too.

[Liberal Veteran]

3. I thought SCOTUS had already decided on that....

When they ruled in 1998 that asymptomatic or symptomatic HIV disease was covered by the Americans With Disabilities Act.

If the ADA prevents employers from discriminating based on disability and no unreasonable accomodation needed to be made, then I don't see how they could NOT have the right to sue on this.