HR Management & Compliance

News Flash: Employee Claims He Lost Promotion Due To HIV Status

Vincent Fusco, an American Airlines ticket agent from WalnutCreek, has filed a discrimination lawsuit against the airline for allegedly testing him for HIV in a roundabout way and then withdrawing a promotion offer for a flight attendant position after finding out about his HIV status. Following several prepromotion medical tests, the airline allegedly asked Fusco’s doctor why his blood test showed a high level of MCV, a virus often found at a high level in persons with HIV. Fusco claims that after his doctor told the airline he was HIV positive, the employer withdrew the promotion offer. American Airlines says the bloodtest was for anemia, not HIV, and that it’s necessary to test flight attendants for anemia to make sure they won’t faint while flying. Plus, the airline contends that the job offer was withdrawn because Fusco gave incomplete information on his medical exam form.