THE SITUATION:
When it comes to his career, Ben* has found meaning in serving his state and protecting communities as part of the Memphis Police Department and Tennessee Highway Patrol.
After the Metropolitan Nashville Police Department (MNPD) offered him a job in 2020, the last thing Ben expected was to have the offer rescinded because of his HIV status.
THE CHALLENGE:
The job offer depended on Ben passing psychological and medical exams, per MNPD’s policy that an applicant “must meet or exceed the medical standards set forth in the United States Army Induction Standards.”
When the results of Ben’s blood work were returned, the department illegally withdrew his offer upon discovering that he has HIV. And while MNPD uses the Pentagon’s medical exam policies for hiring purposes, the Pentagon stopped discharging military personnel based on HIV status (or considering HIV status for deployment or commissions) following a landmark ruling in April 2022.
Ben provided a letter from his doctor confirming that he was virally suppressed and therefore posed no threat of transmission to his coworkers or the community at large, but MNPD stood by its decision to rescind the job offer.
OUR OBJECTIVE:
Working in partnership with Lambda Legal and Merchant & Gould PC, a cross-practice McDermott pro bono team led by Lisa Linsky, Paul Thompson, and Michael Sheehan (and including Brian Casillas, Halle Landsman, Gabrielle Lipsitz, and Jacqueline Winters, as well as former McDermott lawyers Mike Huttenlocher and Kierstin Fowler) filed a complaint against MNPD in July 2023. The team argued that MNPD’s policies violated federal law, including the Americans with Disabilities Act of 1990.
THE OUTCOME:
The team secured a generous settlement for Ben that included monetary relief and an agreement from MNPD to rewrite the city of Nashville’s Civil Service Medical Examiner’s hiring policies so that people living with HIV are no longer automatically ineligible to serve as police officers and first responders.
In addition to the monetary relief and policy revisions, Vanderbilt University will provide MNPD with mandatory annual trainings on advances in HIV treatment and offer optional trainings on a semi-regular basis. The city of Nashville also agreed to partner with Vanderbilt University’s Medical Center to implement mandatory training for medical staff members who review job applications.
The McDermott team’s strategy was simple and effective. They built a good working relationship with opposing counsel based on mutual respect and demonstrated to them that discrimination was the only possible motivator behind MNPD’s revocation of its employment offer. The team’s explanation was based in medicine and science, including details about advances in HIV treatment, coupled with proof from Ben’s doctor that Ben was virally undetectable and posed no threat of transmission. The collaborative approach between the parties’ counsels contributed to the favorable outcome.
GO FURTHER:
Ben felt vindicated by the outcome and was “profoundly grateful” for the McDermott team’s dedication to his case. “From the very beginning, I felt comfortable and well taken care of, knowing I was in the hands of skilled and compassionate attorneys,” he said. “Their work exemplifies the best and underscores the importance of fighting for equality and justice for all.”
“It was truly a privilege to work alongside such a talented and passionate team over at McDermott,” said Jose Abrigo, HIV project director at Lambda Legal. “Their dedication really ensured that we could achieve the best possible outcome for our client and set a powerful precedent for future cases.”
Learn more about our pro bono and community service efforts.
*Name changed to protect anonymity