Important note: Information in this article was accurate in 2003. The state of the art may have changed since the publication date.
Chicago Tribune - May 30, 2003
H. Gregory Meyer, Tribune staff reporter
The man, who said he is now a police officer in another town, sued the village and its Board of Police and Fire Commissioners in federal court in Chicago in October.
In the settlement the village admits no wrongdoing. In addition to the money award, the board has agreed not to test job candidates for HIV, the virus that causes AIDS.
It also will no longer require medical exams of applicants until a conditional job offer is made. Even then, medical tests will be limited to factors relevant to the job.
The board also will undergo two years of training about HIV transmission and the rights of HIV-positive employees.
The plaintiff, who filed his lawsuit under the alias Richard Roe, called the agreement "an encouragement for people who have been discriminated against, that they do have rights and they can stand up for them."
Speaking from the Chicago office of one of his attorneys, Cindy Hyndman, he declined to disclose his true name or where he now works.
Hayley Gorenberg, AIDS project director for the Lambda Legal Defense and Education Fund, which also represented Roe, declared victory.
"There are people with HIV working in health and safety [fields] and doing a good job, and they do not pose a risk of transmitting HIV to their co-workers and the people they serve," she said.
But Westmont Village Atty. John Zemenak denied any bias against Roe.
"We had valid, non-discriminatory reasons for not hiring the plaintiff," he said, adding that foremost among them were concerns about the applicant's driving record.
"But given the uncertain result of taking a case like this to a jury and given what we feel to be a low settlement amount, we feel that a settlement is in the village's best interest," Zemenak said.
Roe will get $90,000 of the settlement award; the remainder will pay attorney's fees and costs for Lambda and the AIDS Legal Council of Chicago.
In his original complaint, Roe said he was employed elsewhere as a police officer when he applied to Westmont in September 2000. He learned he was HIV-positive after screenings Westmont officials had required.
The applicant had scored fourth out of 15 candidates after taking a physical ability test and written and psychological exams, the complaint said.
030530
CT030506
Copyright © 2003 - Chicago Tribune. All rights reserved. Reproduced with permission. Reproduction of this article (other than one copy for personal reference) must be cleared through the Chicago Tribune, Permissions Desk, 435 North Michigan Avenue, Chicago, IL 60611 http://www.chicagotribune.com
AEGiS is a 501(c)3, not-for-profit, tax-exempt, educational corporation. AEGiS is made possible through unrestricted funding from Boehringer Ingelheim, Bridgestone/Firestone Charitable Trust, Elton John AIDS Foundation UK, the National Library of Medicine, AIDS Walk of Orange County, and donations from users like you.
Always watch for outdated information. This article first appeared in 2003. This material is designed to support, not replace, the relationship that exists between you and your doctor.
AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.
Copyright ©1980, 2003. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .