Rescinding hospital job offer due to man’s HIV status warrants jury trial, judge says

St. Joseph’s/Candler Health System in Savannah, Georgia, may have violated federal disability law by rescinding a job offer from an HIV-positive man, a federal judge has heard ruled March 3, according to Bloomberg Law.

The Equal Employment Opportunity Commission deposit a complaint against the hospital in May 2020 on behalf of Corey McKever. After learning that Mr. McKever was HIV-positive, the hospital rescinded its offer for a position as a security guard and offered him a different role.

The role of security guard is to assist medical personnel when a patient becomes violent. An infectious disease doctor consulted by the hospital said there could be a risk of HIV transmission if an altercation results in open wounds, according to the report.

The United States District Court for the Southern District of Georgia determined that Mr. McKever’s HIV status was considered a disability under the Americans with Disabilities Act.

The court said the EEOC raised several issues that warranted a lawsuit over the lawsuit, including whether Mr. McKever could have played the role without posing a direct threat to patient safety and the effectiveness of his HIV drugs. to maintain his viral load at undetectable levels.

A jury must also decide whether the second position offered to Mr McKever was a lateral transfer, meaning he was not subject to any adverse employment action.

Editor’s note: Becker’s has contacted St. Joseph’s / Candler Health System for comment and will update the article as more information becomes available.

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