California HR

News Notes: HIV-Positive Applicant To Receive $90,000 After Job Offer Withdrawn

In the first HIV case of its kind filed by the EEOC under the Americans with Disabilities Act, an applicant whose job offer was withdrawn after the person tested positive for HIV has agreed to a $90,000 settlement. The applicant signed an employment contract to be an entertainer on a Dolphin Cruise Line ship. But when the results of a pre-employment blood test came back HIV-positive, he suddenly found himself without a job. Under the ADA, pre-employment medical exams are permitted only after a conditional job offer is made. But if, as in this case, test results are positive for a covered disability like HIV, you’ll have trouble withdrawing the offer unless you can show that the condition affects the person’s ability to do the job and it can’t be reasonably accommodated. Dolphin denied any wrongdoing.