The Associated Press - Fri, 16 Dec 94

Five years ago he was Macy's grand old elf, and children opened their hearts to him every day. Then he got the virus that causes AIDS and the world's largest department store refused to rehire him.

He's been fighting to get his job back ever since.

"It was a personal thing that has an important principle behind it," he said. "You can't get AIDS from Santa Claus. You can't get AIDS by sitting on Santa's lap. If it was transmitted that easily, everyone in the country would have it."

Woodley filed the discrimination lawsuit when Macy's refused to rehire him after the 1989 season. But the lawsuit stalled after Macy's declared bankruptcy in 1992.

Now that the department store has been purchased by Federated Department Stores Inc. and is emerging from Chapter 11, Woodley is dusting off the paperwork.

"Basically after waiting three years to get my day in court, we are going forward to do that," Woodley, 45, said Friday. On Tuesday, his lawyer, Elizabeth Koob, sent a letter to Macy's lawyers informing them that he was proceeding with his case.

He is seeking more than $3 million in damages, as well as his old job. Woodley said he filed the suit to educate people about AIDS.

"The fear that was behind Macy's decision not to rehire me is a fear that I think needs to be addressed," he said.

Macy's spokeswoman, Christine Carter, said the store would not comment on the lawsuit, but added, "We absolutely do not discriminate. We never have discriminated. And we are an equal opportunity employer."

Macy's officials have said that Woodley was offered -- and refused -- a job supervising Santas instead of being a Santa. The store said it was worried that Woodley would have sharp mood swings because he was taking the anti-depressant drug Prozac.

Today, Woodley has AIDS but no opportunistic infections, he says. He describes his health as "pretty good."

For the last several years, he has kept busy as an architect and playing Santa for private parties, mostly for children with AIDS.

But he still dreams of getting back his job at Macy's.

"I was one of the best Santas they had when I was there," he said. "I really did the job well. ... I believed in it, in the magic of Santa Claus."

Woodley said he went to Macy's in 1989 to play Santa because he thought it would help him get over the death of a friend who had AIDS. "What better way to reaffirm life than being around kids!" he says.

This week, as HIV positive children whispered wishes in his ear, he said he was reminded of how important it is to live in the moment.

"They don't let (AIDS) stop them," he said. "They go full tilt."

Copyright (c) 1994 - The Associated Press. Reproduced with permission. Reproduction of this article (other than one copy for personal reference) must be cleared through the Permissions Desk, The Associated Press, 50 Rockefeller Plaza, New York, NY 10020.
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Copyright © 1994 - Associated Press. Reproduction of this article (other than one copy for personal reference) must be cleared through the AP Permissions Desk.

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