Transportation Security Administration Refused To Hire Qualified Baggage Screener Because He Has HIV
ACLU Files Complaint On Behalf Of Air Force Veteran
FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org
MIAMI – The American Civil Liberties Union today filed a complaint with the Transportation Security Administration on behalf of an Air Force Veteran who was refused a job as a baggage screener with the Transportation Security Administration because he has HIV.
“I was looking for a way to be able to serve my country once again and to supplement my income through this financial crisis with the possibility of changing my career. But after a lengthy interview and screening process, I was told that I am incapable and unworthy because I have HIV,” said Michael Lamarre, who worked in intelligence for the National Security Administration while serving in the Air Force from 1984 to 1987. “I am a long term HIV survivor, and it has never interfered in my ability to work. As I have learned having lived with HIV for nearly 20 years, people with HIV need to be able to make a living and support themselves just like everyone else as well as have the right to serve their country.”
In the spring of 2008, Lamarre applied online for a baggage screening position at the Fort Lauderdale airport with the TSA. He passed an aptitude test in November 2008, and then underwent a comprehensive security clearance. In March 2009, he was finally invited to come in for an interview. At the interview, which included further testing, he was told that he would have to pass a physical. Lamarre was required to disclose that he HIV at the physical. As a result, he was told to submit additional information from his doctor, including his most recent lab results and a form from his doctor stating that his HIV would not interfere with his ability to perform the duties of as baggage screener, which he did.
Lamarre has lived with HIV for 19 years. His viral load is nearly undetectable and he has never had any of the medical conditions associated with AIDS. Just last November he completed a 165 mile bike ride for charity in just 2 days.
Shortly after submitting the additional information, Lamarre received a letter from Comprehensive Health Services, the contractor who administered the physical, saying that he was disqualified for the job because of his HIV status. A copy of the letter is available at /hiv/discrim/39829lgl20090428.html. During follow up calls to Comprehensive Health Services, he was told that the reason he was rejected is because his HIV status makes him more susceptible to virus and infections and that it was for his own benefit.
Today the ACLU filed a complaint on Lamarre’s behalf with the Equal Employment Opportunity Counselor for the Eastern Region of the TSA charging that the TSA is in violation of its own policy barring discrimination against people with disabilities. A copy of TSA’s non-discrimination policy is available on their website at: . The complaint also charges that the refusal to hire Lamarre violated his equal protection guarantees. It asks the TSA to rescind Lamarre’s disqualification from employment.
“In the nearly 20 years that Michael Lamarre has lived with HIV, it has never affected his ability to work,” said Robert Rosenwald, Director of the LGBT Project of the ACLU of Florida. “HIV discrimination is always wrong, but it is especially shameful when government is behind the discrimination. I hope the TSA recognizes the harm it is causing Michael and our country by refusing to hire a highly motivated and qualified employee.”
“As we have known for quite a while now, people living with HIV can lead long and productive lives and can make significant contributions in all professions, including baggage screeners,” said Dr. Margaret Fischl, MD, director and principal investigator of the AIDS clinical research unit at the University of Miami. “A baggage screener with HIV would pose no risk to others and would be no more likely to become infected with a cold or virus than anyone else working in the airport.”
A copy of the complaint filed by the ACLU as well as the letter notifying Lamarre that he was being disqualified because he has HIV and the paperwork submitted by his doctor stating he is physically capable of performing the duties is available at /hiv/discrim/39827res20090611.html.
In addition to Rosenwald, Lamarre is being represented by Shelbi Day, a staff attorney with the LGBT Project of the ACLU of Florida, James Esseks, co-director of the ACLU’s AIDS Project and Rose Saxe, a staff attorney with the ACLU’s AIDS Project.
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The ACLU is challenging a Tennessee law that criminalizes HIV status. This law unfairly prevents people from securing employment and housing. -
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Plaintiffs File Federal Suit to Overturn Tennessee’s Aggravated Prostitution StatutePlaintiffs File Federal Suit to Overturn Tennessee’s Aggravated Prostitution Statute
MEMPHIS, Tenn. — Tennessee’s Aggravated Prostitution statute and related sex offender registration requirements are unconstitutional and violate the Americans with Disabilities Act (ADA), according to a federal lawsuit filed today against the state by the American Civil Liberties Union, the Transgender Law Center, and the ACLU of Tennessee in the U.S. District Court in Memphis on behalf of four Jane Doe plaintiffs and OUTMemphis, the state’s oldest and largest service provider for LGBTQ+ people. Plaintiffs argue that the Aggravated Prostitution statute is rooted in fear and discrimination, targeting people living with HIV for harsh punishment and forcing them to register as “violent sex offenders” for the rest of their lives. Criminalizing people with HIV defies evidence-based best practices and is patently unlawful as it singles out people living with HIV — a protected disability — for harsher punishment. “People convicted of Aggravated Prostitution must spend years in prison and then register as violent sex offenders for the rest of their lives – meaning they cannot access the housing, employment, healthcare and community life that they need to get back on their feet,” said Molly Quinn, executive director of OUTMemphis. “This statute solely targets people because of their HIV status and keeps them in cycles of poverty, while posing absolutely zero benefit to public health and safety.” “HIV stigma is becoming a thing of the past, and it’s time for state law to catch up. OUTMemphis fights so that queer people are free to live in safety, with dignity, and we believe everyone deserves that regardless of their HIV status.” Tennessee’s Aggravated Prostitution law was passed in 1991 at a time of national panic over HIV. The law targets people engaged in sex work, enhancing their charges from misdemeanors to felonies solely based on HIV status, making it difficult to find other employment. Since then, many states have moved on from criminalizing HIV, better understanding the rates and methods of transmission and the way criminalization is counterproductive to effective testing and treatment. New treatments such as Anti-Retroviral Therapy (ART) and Pre-Exposure Prophylaxis (PrEP) can reduce viral loads to undetectable levels, blocking the possibility of transmission. And yet, Tennessee state law enhances sex work from a misdemeanor to a felony, solely based on HIV status, which has long been recognized as a disability protected from discrimination under the Americans with Disabilities Act. Tennessee has no comparable law for any other infectious disease, even those that are more prevalent and transmissible than HIV. “Disability discrimination is illegal,” said Alexis Agathocleous, deputy director of the National ACLU’s Racial Justice Program, “and yet the Aggravated Prostitution singles out economically-marginalized people living with HIV for excessively harsh punishment. The results are predictable: Black women are the targets of this archaic, unscientific law – many of whom are simply trying to secure food, a place to sleep, or a way to meet their basic needs.” Entirely divorced from science, Tennessee’s law applies indiscriminately, ignoring that either party to a sexual encounter can ensure against HIV transmission in many simple and effective ways. “Each of us, regardless of our race, our genders, or our HIV status, deserves to be treated with dignity and respect and welcomed as full members of our communities,” said Milo Inglehart (he/him), staff attorney at Transgender Law Center. “With today’s filing, we join the ACLU, ACLU-TN, OUTMemphis, and our individual plaintiffs to challenge the counterproductive and discriminatory Aggravated Prostitution statute that unlawfully singles out people living with HIV, disproportionately impacts Black transgender and cisgender women, and places lifelong, punitive restrictions on those who are criminalized for trying to survive.” “The Aggravated Prostitution statute is a relic from when HIV first emerged in the 1980s and is motivated by fear, misinformation and discrimination — not sound science or evidence,” said Jeff Preptit, ACLU-TN staff attorney. “Instead of criminalizing HIV, which disproportionately targets transgender and cisgender Black women who are already socially and financially marginalized, lawmakers should invest in evidence-based public health responses to support people living with HIV to end the epidemic. 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