Unfinished Lives

Remembering LGBT Hate Crime Victims

HIV+ Employee Sprayed with Lysol, Ordered Not to Touch Doorknobs, Then Fired

Photo via Passport Magazine

Detroit, Michigan – In the worst case of job-related discrimination his lawyers have ever seen, James White got fired for revealing he was HIV+.  An office assistant for the Great Expressions Dental Center of Detroit, White revealed his positive status to his supervisor after his diagnosis, with the clear understanding she would keep the information confidential, according to Passport Magazine.   His superiors then leaked word of his HIV status to coworkers who harassed him for seven months, spraying him with Lysol disinfectant, wiping down any furniture or office equipment he used, and banning him from touching doorknobs.  Management subjected White to sudden scheduling changes, and then wrote him up for tardiness and “unexcused absences” until they believed they had enough to fire him.  Dogged by harassment and exhausted by the abuse, White was hospitalized for post traumatic stress disorder.  While he was in the hospital, Great Expressions called to inform him not to return to work.

White appealed to the Equal Employment Opportunity Commission (EEOC), which tried to mediate between White and Great Expressions.  The Detroit chapter of the EEOC ruled in White’s favor earlier this year, finding that there was “reasonable cause” to believe White was discriminated against because of his HIV+ status. The dental firm refused any settlement with White, and the EEOC cleared him to sue his former employer for gross discrimination and violating the Americans with Disabilities Act of 1990.  The Body, an HIV-related blog, writes: “In 2011, particularly in an urban environment, absolutely no one has any excuse for being unaware of the ways in which HIV is transmitted. Anyone that has ever had even rudimentary sexual health education knows that HIV is not spread by casual contact, including touch. And an employer has a moral and LEGAL obligation to protect its employees from discrimination, particularly vulnerable populations.” 

White’s lawyers have filed a lawsuit demanding compensatory and punitive damages of $140,000 and $45,000, respectively, and requiring the company to post notice of the agreement as well as providing training on HIV/AIDS and the Americans with Disabilities Act. Change.org has posted a petition protesting the action of Great Expressions and demanding their apology to White, which is accessible here. There are over 25,500 signatures as of December 20. Great Expressions operates clinics in Michigan, Ohio, Florida, Georgia, Connecticut, Virginia and Massachusetts.

December 20, 2011 - Posted by | Americans with Disabilities Act of 1990, Employment discrimination, Equal Employment Opportunity Commission (EEOC), harassment, HIV/AIDS, Michigan, Protests and Demonstrations, Social Justice Advocacy | , , , , , , , ,

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