Important note: Information in this article was accurate in 1996. The state of the art may have changed since the publication date.
The Associated Press - Tuesday, December 17, 1996 17:44:00 PM.
Catherine Wilson, AP Business Writer
The entertainer, who has asked to remain anonymous, applied for a job in 1992 through Columbus, Ohio-based American Entertainment, a job placement agency recruiting acts for cruises and theme parks. A signed employment contract was returned to him for a shipboard job with Miami-based Dolphin Cruise Line.
But when the results of a pre-employment blood test came in, his fortune changed.
"That young man had probably the worst day of his life. He took the test, found out he was HIV positive and, in the terrible emotional aftermath of that, telephoned to ask if he was still going to have a job," said Thomas Elfers, an attorney for the U.S. Equal Employment Opportunity Commission. "The answer was `no.'"
The award comes in the first HIV-employment case filed by the EEOC under the Americans with Disabilities Act, Elfers said Tuesday.
The settlement provides for $75,000 in compensatory damages from Dolphin and $15,000 in back pay and compensatory damages from American Entertainment.
The consent decree settling the lawsuit contained a non-admissions clause, "which is equivalent to saying `we didn't do it,'" Elfers said.
Calls to Dolphin and its attorney were not immediately returned.
American Entertainment's lawyer, Wesley Newhouse, said the agency was "caught in the middle of things" by passing along a list of tests Dolphin applicants were required to take.
"They merely communicated Dolphin's requirements," Newhouse said.
Under a policy change since the incident, the agency no longer passes along orders for job seekers to get AIDS tests, he said.
The entertainer -- an actor, singer and dancer -- showed no signs of illness at the time, and is still in the business, said Elfers.
Under the Americans with Disabilities Act enacted in 1990, employers may not discriminate against qualified individuals with a handicap, and EEOC regulations specify HIV is to be treated as a handicap under the law.
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