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Work conditions sour, but judge says don't blame it on HIV.

October 30, 2000
AIDS Policy Law. 1999 May 28;14(10):3. Unique Identifier : AIDSLINE

A U.S. district judge struck down a complaint brought by an HIV-positive hotel employee who claimed he was passed over for a promotion, and then fired, because of his infection. The employee sued North Central Management Inc., and Promus Hotel Corp. for violations of the Americans with Disabilities Act (ADA) and ERISA. Although the judge stated that the plaintiff met the criteria for a disability, and was qualified for the promotion, he failed to establish that he was a victim of discrimination. The candidate chosen by the hotel had extensive hospitality experience, and the plaintiff may not have met the hotel's work-performance expectations. In the ERISA claim, the judge decided that the plaintiff did not show evidence that the hotel changed insurance plans only to escape liability for his medical expenses.

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