Policeman sues after department rescinded job offer because of HIV status
A celebrated police officer is suing the Nashville Police Department in Tennessee after they rescinded a job offer once learning he had HIV - claiming the department violated federal law in doing so.
The unnamed cop - a former Memphis police officer of the year - had presented a letter to the department from his health care provider in a bid to show that he should not be disqualified from employment, according to the federal lawsuit.
The letter explained that the officer had used medication to suppress the virus and get his viral load to an undetectable level.
“Undetectable means un-transmittable,” the officer's health care provider stated in the later, further adding “He remains in great health and this virus will not and has not ever effected his job performance or duties.”
The officer was offered a job with the Metro Nashville Police Department in February 2020. They rescinded the offer after learning his status (Brad Vest/Getty Images)In a comment to ABC News, associate director Allison Bussell said that the department's legal department has not yet been served with the lawsuit. They refused to comment further on the case.
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In a 2021 position statement to the US Equal Employment Opportunity Commission, the department defended their decision by saying that the city's charter requires all police officer candidates to meet the physical requirements for admission to the US Army or Navy.
This includes regulations that exclude folks with HIV from enlisting - regulations currently under fire in a separate lawsuit presented by Lambda Legal, who is also bringing about the case with the John Doe police officer.
The department defended their decision by saying that the city's charter requires all police officer candidates to meet the physical requirements for admission to the US Army or Navy (Getty Images)John Doe worked as a Memphis police officer in 2017, according to the suit. He started looking for work in Nashville in 2019 once his wife secured a job in the city. He was offered a job with the Metro Nashville Police Department in February 2020 under the contingency that he pass a medical exam.
His job offer was rescinded by the department after a blood test revealed the officer's HIV status. A further appeal was eventually lost.
Following the loss of the appeal, the officer filed a complaint with the Equal Employment Opportunity Commission. He was finally given notice of right to sue in April.
Following the heat of the incident, Nashville voted to amend its charter and remove the stringent physical requirement. Lambda Legal attorney Jose Abrigo said that the change has not yet been implemented.
According to the lawsuit, officer John Doe now works with the Tennessee Highway Patrol. He is looking to get a job with the Nashville department with the same salary and position he would have received, had the job offer not been rescinded (Dennis Scroggins)“This lawsuit responds to a clear case of HIV and employment discrimination where the MNPD denied employment to a well-qualified applicant due only to his HIV status," said Greg Nevins, Senior Counsel and the Director of Lambda Legal’s Employment Fairness Project.
"This applicant was taking advantage of today’s medical advancements and treatments; there is absolutely no reason why his HIV status is at all relevant to his ability to perform the duties of a job in law enforcement, the military, or any other job. In this case, the discrimination is even more egregious since the plaintiff had been serving as a police officer in Tennessee for years with no issue. To the contrary, he has been recognized for his work.”
According to the lawsuit, officer John Doe now works with the Tennessee Highway Patrol. He is looking to get a job with the Nashville department with the same salary and position he would have received, had the job offer not been rescinded. He is also seeking lost wages and other benefits, in addition to a damage award and legal fees.
He is also demanding that the department be prevented from refusing to employ officers that are HIV-positive.
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