Officer’s job offer pulled in Nashville over HIV status, lawsuit claims

NASHVILLE, Tenn. (WSMV) – A federal lawsuit has been filed by a former police officer and applicant to the Metro Nashville Police Department who says he was denied employment because he’s positive for HIV.

The lawsuit, John Doe vs. Metropolitan Government of Nashville and Davidson County, says MNPD pulled a job offer after learning the man was HIV positive.

“Plaintiff lives with the human immunodeficiency virus and was denied a previously offered position as a police officer because of his HIV status, even though he posed no significant risk to others and was otherwise qualified for the job for which he had applied,” according to the lawsuit filed July 21.

The applicant argues a doctor even wrote a letter, explaining his HIV was undetectable and untransmittable, and his HIV is well-controlled with medication.

“He remains in great health, and this virus will not and has not ever effected [sic] his job performance or job duties,” the doctor wrote in a letter. " I would strongly recommend him for any job without hesitation.”

However, MNPD allegedly pulled a job offer after learning about his condition, despite the man earning Officer of the Year honors at the Memphis Police Department, the lawsuit claims.

“Despite Plaintiff’s decorated career, devotion to public service, demonstrated ability to fully perform all duties required of a police officer, and inability to transmit HIV to coworkers or community members, Defendant rescinded Plaintiff’s offer of employment upon learning that Plaintiff was living with HIV,” the lawsuit says. “(MNPD) did so without engaging in the legally required individualized inquiry and individualized assessment or offering Plaintiff any accommodation.”

In the lawsuit, MNPD said the man did not disclose he had a disability, discovered by MNPD through a blood test. The disability renders him unfit for duty under physical requirements in the Metropolitan Charter, according to the lawsuit. Metro denied it discriminated against the applicant due to his disability.

Read the full lawsuit below:

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