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  • Title: HIV-positive plaintiff must show job transfer caused harm.
    Journal: AIDS Policy Law; 1998 Aug 21; 13(15):10. PubMed ID: 11365673.
    Abstract:
    A teacher in the De Kalb County School District has argued that the district discriminated against him when they transferred him to a different job because he is HIV-positive. The teacher was transferred from a psychoeducational class that was limited to aggressive and violent special-needs students to a classroom of students with milder behavioral disorders. The district offered to pay for the additional training that was necessary for the new position and granted the teacher a grace period in which to complete the training. A Federal district judge ruled in favor of the teacher in a bench trial, but the 11th Circuit Court of Appeals stated that the lower court failed to show that the job transfer constituted an adverse employment action in violation of the Americans with Disabilities Act. The appeals court further indicated that there was insufficient evidence to determine whether the teacher did or did not benefit from taking the additional classes, which could result in making him more employable. The appeals court also questioned the trial judge's conclusion that the teacher's HIV-seropositivity posed only a remote and theoretical risk to the aggressive students.
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