Manufacturing Industry
US court rules three men can sue American Airlines over withdrawn job offers
Airline Industry Information, March 7, 2005
AIRLINE INDUSTRY INFORMATION-(C)1997-2005 M2 COMMUNICATIONS LTD
A US federal appeals court has given three men the right to sue American Airlines.
The 9th US Circuit Court of Appeals ruled that the three men can sue the airline, alleging discrimination, for pulling back their job offers because they did not disclose the information that they were infected with HIV, The Associated Press reported. According to the court this will allow applicants to decide whether or not they want to disclose personal information and also make it possible to decide whether an application has been rejected illegally.
The three men have said that they were offered jobs as cabin crew, pending medical exams and background checks, in 1998 and 1999. None of them mentioned having HIV in the medical histories check and disclosed the information when blood samples revealed that they were using HIV medication. The job offers were then withdrawn because of the non-disclosure of the information. The men have said that the airline acted improperly and that the blood tests violated their right to privacy. The case was dismissed by a lower court but the court of appeals decided that the men had the right to be heard, Reuters reported. The court said that the airline had not justified the medical testing and that privacy may have been violated.
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