Man with HIV fights for Atlanta police job

ATLANTA -- A former investigator with the city of Los Angeles says Atlanta police rejected his job application solely because he has HIV, a decision he said breaks the law and perpetuates stereotypes about people with the virus.

Atlanta police argue that hiring the man would pose a threat to the health and safety of the public, setting up a legal fight that is being followed closely by gay rights groups and police agencies.

A federal appeals court is to hear arguments in the case today.

"It's shocking and frustrating and very saddening that in 2012 this is still going on," said the 40-year-old man who sued the city in 2010 under the pseudonym Richard Roe. "People are living with HIV and, for the most part, they are living normal lives and productive lives."

Roe spoke to The Associated Press on the condition of anonymity because he believes his medical condition could prevent him from other job opportunities.

His anonymous lawsuit mirrors a battle that has largely been waged quietly. Several similar lawsuits have been dismissed by judges who sided with the police departments, or the cases were settled out of court, the agreements kept confidential.

A lower judge sided with the city of Atlanta in November 2010 and threw out Roe's lawsuit, ruling that he had failed to prove he didn't pose a "direct threat" to the health and safety of others. Roe appealed the decision.

Atlanta attorneys said in court documents Roe didn't disclose his condition and warned that he couldn't perform "essential functions" of an officer.

Roe said he was a criminal investigator with the city of Los Angeles, but did not work with that police department. He discovered he had HIV in 1997 but said it didn't hinder his ability to perform his duties. His infection never came up with the city, he said.

He moved to Atlanta to find a better job, and passed tests for the police force. The roadblock came after a blood test revealed he had the virus that causes AIDS, his lawsuit said.

Roe said the physician, Dr. Alton Greene, told him Atlanta police had a policy of refusing to hire officers with the virus. He said that statement violates the Americans with Disabilities Act.

Catherine Hanssens of the Center for HIV Law and Policy said the case centers on the "belief that, 30 years into the epidemic, HIV is easily transmitted and results in a death sentence when it is transmitted. And neither of those are remotely close to the truth."