Federal appeals court upholds suit by a police applicant who was summarily rejected because he is HIV seropositive. Holiday v. Chattanooga, #98-5619, 206 F.3d 637, 2000 U.S. App. Lexis 3660, 10 AD Cases (BNA) 501 (6th Cir.). [2000 FP 83]
     Equal Employment Opportunity Commission reinstates a $185,000 award for the pain and suffering of a federal employee who was terminated after he revealed he was HIV positive. Mack v. West, #01983217, 38 (1869) G.E.R.R. (BNA) 799 (EEOC, 6/23/00). {N/R}
     Persons with AIDS are not a "suspect class" for purposes of the Equal Protection Clause. Firefighter's suit against his union for discriminatory treatment fails. David v. L-801, Danbury F/F Assn., 899 F.Supp. 78 (D. Conn. 1995). [1996 FP 67]
     1st Circuit, federal appeals court allows suit against employer health plans that cap AIDS benefits. Carparts Distr. Ctr. v. Automotive Wholesalers, 37 F.3d 12, 3 AD Cases (BNA) 1237 (1st Cir.). [1995 FP 19-20]
     5th Circuit, federal appeals court holds that ERISA does not prevent an employer from reducing the maximum benefits for AIDS related illnesses from $1 million to $5,000. McGann v. H&H Music, 946 F.2d 401 (5th Cir. 1991); cert.den. 113 S.Ct. 482. {N/R}
     Damage suits - recovery for fear of contracting AIDS, absent actual exposure: Madrid v. Lincoln Co. Med. Ctr., 909 P.2d 14 (N.M.App. 1995); Brzoska v. Olson, 668 A.2d 1355 (Del. 1995); Faya v. Almaraz, 620 A.2d 327 (Md. 1993; Johnson v. W.V. Univ. Hosp., 413 S.E.2d 889 (W.Va. 1991). {N/R}
     Federal appeals court concludes it would be unlawful for the FBI to stop using a health facility because one of its physicians has AIDS, but upheld a trial court ruling denying damages. Doe v. Attorney General, 34 F.3d 781, 3 AD Cases (BNA) 979 (9th Cir. 1994). [1995 FP 3]
     Unlike asbestos litigation, the "wait and see" approach is inappropriate for persons who are HIV+. There is a 95% chance the person infected with HIV will gets AIDS and die. Smith v. American Red Cross, 876 F.Supp. 64 (E.D.Pa. 1994). {N/R}
     A divided Illinois appellate court rules that a person who had been injected with a previously-used syringe may not sue for the infliction of mental distress, unless he can prove he was actually exposed to HIV. The dissenting judge noted that Illinois law allows a eyewitness to an accident to recover for his mental distress. Doe v. Surgicare of Joliet, 643 N.E.2d 1200 (Ill.App. 1994); cert. den. 45 N.E.2d 1357 (Ill. 1994). {N/R}
     Article: "Closing the floodgates on fear of AIDS claims," 37 (6) For the Defense (DRI) 8-15 (Jun. 1995). {N/R}
     Federal appeals court upholds $126,000 verdict for emotional distress, awarded an employee who suffered PTSD after being stuck with a discarded, blood-filled hypodermic needle. His fear of AIDS transmission was reasonable. Marchica v. Long Island RR., 31 F.3d 1197, 9 IER Cases (BNA) 1560 (2nd Cir. 1994). [1995 FP 29-30]
     NY employer ordered to pay $500,000 & back pay, to the estate of an employee who was fired because of KS facial lesions. Cavagnuolo v. Baker & McKenzie, #1B-E-D-86-115824, 1994 FEP Summary (BNA) 12 (NYSHRD 1994). [1994 FP 99]
     HIV+ status is a disability under the A.D.A. even if it does not impair the employee's ability to work. Doe v. Kohn Nast & Graf, 63 LW 2105 (E.D.Pa. 1994).
     Philadelphia EMTs and firefighters may no longer refuse aid or medical assistance HIV+ persons under a consent decree filed in Federal Court. The city also agreed to pay $10,000 to an HIV+ male who was refused aid after he informed EMTs he was taking AZT. United States v. City of Philadelphia, DoJ. #204-62-24, 32 (1558) G.E.R.R. (BNA) 426 (E.D.Pa. 1994). {N/R}
     Gay police officer wins a disability claim for contracting HIV in a scuffle with a prisoner. Cady v. San Francisco Mun. Retirement Board, #N39099; 9 (3) Labor Lawyer (ABA) 256 (1993). [1994 FP 19]
     Appellate court allows suit against physician for disclosing to employer that its employee was seropositive. Doe v. Roe, 599 N.Y.S.2d 530 (A.D. 1993). [1994 FP 3]
     Federal appeals court holds that an AIDS infected employee has a legal right to a transfer to another location where treatment opportunities are superior. Buckingham v. United States, 62 LW 2068, 2 AD Cases (BNA) 1009 (9th Cir. 7/13/93). [1993 FP 131]
     Michigan joins list of other courts holding that AIDS is a handicap. Employers may not defend a wrongful termination suit by showing the employee did not have AIDS, as erroneously believed at time of discharge. Sanchez v. Lagoudakis, 2 AD Cases (BNA) 748 (Mich. 1993), citing Southeastern Comm. College v. Davis, 99 S.Ct. 2361 (1979) and School Bd. v. Arline, 107 S.Ct. 1123 (1987). [1993 FP 99]
     Federal appeals court upholds OSHA Bloodborne Pathogen Rule, 29 C.F.R. Part 1910.1030; 56 (235) Fed. Reg. 64175-82 (12/6/91); 57 Fed. Reg. 29206. American Dental Assn. v. Martin, #91-3865 & 92-1482, 984 F.2d 823, 1993 U.S. App. Lexis 1384 (7th Cir. 1993); cert. den., 510 U.S. 859, 114 S.Ct. 172 (1993). [1993 FP 36]
     Untenured reserve officer is entitled to compensatory damages in a federal court action alleging his discharge for testing HIV seropositive. Tanberg v. Weld Co. Sheriff, 787 F.Supp. 970 (D. Colo. 1992). [1992 FP 83]
     Federal Court orders D.C. Fire Dept. to hire HIV infected applicant. Doe v. Dist. of Columbia., 796 F.Supp. 559, 1992 U.S. Dist. Lexis 9168, 59 FEP Cases (BNA) 363 (D.D.C. 1992). [1992 FP 115]
     New York court overturns an insurers’ refusal to pay benefits because the insured concealed his homosexuality. New England Mut. Life Insur. Co. v. Johnson, N.Y. Co. Sup. Ct. #28359-87; Sec. B, p.6, Wall St. J. (7/24/92). [1992 FP 131]
     Mandatory annual HIV testing of firefighters is a reasonable “search” even though city has no reason to suspect seropositivity. Firefighters have a high risk of contracting or transmitting the AIDS virus. Anonymous Fireman v. City of Willoughby, 779 F.Supp. 402, (N.D. Ohio 1991). [1992 FP 51]
     Physician with AIDS who previously gave physicals to FBI agents could sue for discrimination and loss of business. Doe v. Attorney General, 941 F.2d 780 (9th Cir. 1991).
     California appellate court upholds law requiring persons who bite public safety personnel to be tested for AIDS virus. Johnetta J. v. Municipal Court (San Fran. Co. Sheriff's Dept.), 267 Cal.Rptr. 666 (App. 1990).
     Federal court abstains in suit to strike down N.Y. law that requires HIV-testing confidentiality. Officers were cut by glass, covered with the blood of a deceased IV drug abuser. Doe v. Hirsch, CME of City of N.Y., 731 F.Supp. 627 (S.D.N.Y. 1990).
     Appellate court upholds employer's "safe sex" order to employee and affirms his conviction of aggravated assault for not informing his sexual partner he was HIV seropositive. United States v. Dumford, 30 M.J. 137 (C.M.A. 1990).
     Oregon jury awards HIV infected dispatcher $500,000 in his harassment and discrimination claim. Griffin v. Tri-County Transp. Dist., Multnomah Co. Cir. Ct. A8902-01014, 28 G.E.R.R. (BNA) 139 (1/24/90).
     Employer could require health care worker with frequent patient contact to submit to HIV testing after his roommate contracted AIDS. Leckelt v. Hospital Dist. #1, 49 FEP Cases (BNA) 541 (E.D. La. 1989).
     N.Y. Court holds statute of limitations for AIDS infection starts when the infected person discovers or reasonably suspects the illness. Prego v. City of New York, 534 N.Y.S. 95 (Sup. 1988).
     Nevada law requires local governments to provide masks and face shields to law enforcement officers and firefighters. Nevada Rev. Stat. 439 [Sen. Bill 56] (1989).
     Prison regulations for identifying, treating and isolating prisoners carrying AIDS virus did not violate due process. Muhammad v. Carlson, 845 F.2d 175 (8th Cir. 1988).
     Woman who said she had AIDS convicted of biting deputy; $100,000 lawsuit pending. People v. Walker, Chatham County Ct., March 16, 1988, Savannah Morning News, p. 14C, March 17, 1988.
     Doctor found guilty of malpractice for failure to diagnose AIDS in patient; $750,000 damages awarded. Ramos v. Bernstein, Middlesex Super. Ct., Cambridge, Mass., Chicago Daily Law Bulletin, p. 1, January 20, 1988.
     Hospital must reveal the names of blood donors to estate of man who died from AIDS after blood transfusion. Tarrant County Hospital Dist. v. Hughes, 734 S.W.2d 675 (Tex. Ct. App. 1987), cert. den. 108 S.Ct. 1027 (1988).
     Washington prisons policy on AIDS rejects mandatory testing of inmates demanded by correctional officers; no strike over issue planned. Govt. Emp. Rel. Rep. (BNA) 236 (Feb. 15, 1988).
     New York courts issue guidelines for dealing with "aggressive persons" infected with AIDS. 24 (3) FEP Summary (BNA) 17 (Feb. 4, 1988).
     New York Court could not order woman who bit arresting deputy sheriff to take AIDS test without inquiry into basis on which suspicion of AIDS was based. Dept. of Social Services v. Janice T., 524 N.Y.S.2d 267 (A.D. 1988).
     Federal court strikes down mandatory AIDS testing for workers at center for mentally retarded; violates fourth amendment. Glover v. E. Nebraska Community Office of Retardation, U.S. Dist. Ct., C.D. Neb. #87-0-830, 26 G.E. R.R. (BNA) 556 (March 29, 1988).
     VA hospital adopts policy allowing employees with AIDS to deep working while medically allowable. G.E.R.R. (BNA) 41 (January 11, 1988).
     Oregon agency rules that exclusion of AIDS treatment from health insurance is gender discrimination. Oregon Civil Rights Division, Bureau of Labor, #EM-HP-870108-1353, Jan. 9, 1988.
     Alleged misdiagnosis of prisoner as having AIDS did not show deliberate indifference to serious medical needs; civil rights suit dismissed. McDuffie v. Rikers Island Medical Department, 668 F.Supp. 328 (S.D.N.Y. 1987).
     Prisoners' lawsuit alleging vast conspiracy of state, federal and private individuals to spread AIDS to eliminate minorities dismissed as frivolous. Traufler v. Thompson, 662 F.Supp. 945 (N.D. Ill. 1987).
     Florida Supreme Court rules that AIDS victim is not entitled to names of blood donors to attempt to prove that blood transfusion received was source of his infection. Rasmussen v. South Florida Blood Service, Inc., 500 So.2d 533 (Fla. 1987).
     Seropositive inmate convicted of assault with a deadly weapon because of bite attack on guards; many other cases pending. People v. Moore, reported in the New York Times, p. 11, col. 6, June 25, 1987.
     Tennessee sheriff and public health officials can carry out involuntary AIDS testing on arrestee who said he had AIDS, despite religious objection. Haywood Co. v. Hudson, 740 S.W.2d 718 (Tenn. 1987).
     Data bank serving insurance industry stops keeping records on individual positive AIDS test results. National Underwriter (Life & Health/Financial Services Edit.), page 34, May 25, 1987.
     New York bars AIDS screening for health insurance applicants. New York Times, page 11, Aug. 14, 1987.
     Georgia Board of Education requires AIDS tests for high school teachers and students suspected of AIDS infection. 25 G.E.R.R. (BNA) 893 (June 22, 1987).
     Board approves limited patient access for doctor with AIDS; doctor files $1 million lawsuit seeking no restrictions. Chicago Sun-Times, page 14, Aug. 6, 1987.
     Federal court denies injunction against state department AIDS testing of employees seeking clearance for overseas duty. AFSCME L-1812 v. U.S. Dept. of State, #87-0121, 25 G.E.R.R. (BNA) 612 (D.D.C. Apr. 22, 1987).
     California workers' comp. appeals board denies benefits to worker who contracted AIDS related complex while working overseas; rejects claim that off-duty sexual acts were "job related". Trejo v. Morrison-Knudsen Corp., reported in Business Insur. 11, May 25, 1987.
     California's fair employment commission rules AIDS is a handicap; orders employer to start formal training sessions for employees. Calif. Fair Empl. & Hous. Cmsn. v. Raytheon Co., 55 U.S.L.W. 2449 (Feb. 5, 1987).
     Inmates' lawsuit asking that all prisoners be screened by AIDS and all homosexuals be segregated dismissed. Dinger v. City of New Albany, 662 F.Supp. 929 (S.D. Ind. 1987).
     Man who bit police officers ordered to undergo AIDS screening test. Board of Police Cmsnrs. of City of St. Louis v. W.D.D., Cir. Ct. of City or St. Louis, Mo. (September 30, 1987).
     Woman bites deputy sheriff arresting her and says, "I hope I have AIDS"; deputy files suit and court orders AIDS test. Savannah Ga. Press, Aug. 22, 1987, page 1.
     Child infected with AIDS virus who bit student cannot be barred from public kindergarten classes; no evidence of threat to other students or to teachers. Thomas v. Atascadero Unified School Dist., 662 F.Supp. 376 (C.D. Cal. 1987).
     Public hospital allows doctor with AIDS to continue working; restricts contact with patients; doctor vows to fight such restrictions. Chicago Tribune February 24, 1987, Section 2, page 3, Col. 1.
     Indictment against cocaine seller dismissed because he was dying of AIDS; court finds that prosecution would not “serve the interest of justice.” People v. Camargo, 516 N.Y.S.2d 1004 (Sup. 1986).
     Neither hospital or blood bank could be held liable for blood transfusion that transmitted AIDS to infant. Kozup v. Georgetown University, 663 F.Supp. 1048 (D.D.C. 1987).
     Federal court refuses to grant Nevada inmate who is seropositive with AIDS virus (but not ill) the right to participate in work program. Williams v. Summer, 648 F.Supp. 510 (D. Nev. 1986).
     Prison officials can deny a conjugal visit between inmate with AIDS and his wife; "safe sex" methods no guarantee of non-infection. Doe v. Coughlin, 509 N.Y.S.2d 209 (A.D. 1986).
     National Association of Insurance Cmsnrs. approves guidelines leaving AIDS screening question to states, bars questions on sexual orientation. National Underwriter, Life and Health Insur. Edit., p. 1 (Dec. 13, 1986).
     Florida County settled AIDS discrimination case; employer to pay $196,000 and reinstate employee. Shuttleworth v. Broward County, 639 F.Supp. 654 (S.D. Fla. 1986).
     Federal court sets precedent; orders school to admit 5-year-old with AIDS. Concludes disease is not communicable. Thomas v. Atascadero Unif. Sch. Dist., Civil #86-6609, U.S. Dist. Ct. (C.D. Cal. 11/17/86).
     U.S. Dept. of Health rules private hospital wrongfully terminated nurse with AIDS, in violation of Sec. 504 of Rehabilitation Act of 1973. Doe v. Charlotte Mem. Hosp., Complaint #04-84-3096 (Aug. 5, 1986).
     · Also see EEOC regulations at www.eeoc.gov/regs