Case Study
The HIV-Positive Employee
In the United States, the Transportation Security Administration (TSA) turned down Michael Lamare for a position as a baggage screener because he was HIV positive. Prior to his interview in 2014, Mr. Lamare had passed an aptitude test and undergone a comprehensive security clearance. At the interview he was told that he would have to undergo a physical examination, at which time he disclosed that he was HIV positive. He was asked to submit his most recent test results and a form from his doctor stating that his condition would not interfere with his ability to perform the duties required by his position.
Mr. Lamare had been diagnosed with HIV 20 years ago. His condition was controlled through medication, and he had never exhibited any of the symptoms generally associated with HIV or AIDS. He pursued a healthy, physically active lifestyle. After submitting the requested information, Mr. Lamare received a letter from the contractor who administered the physical, saying that his HIV status disqualified him from consideration for the job. He was later told by the contractor that he was rejected because his medical condition increased his susceptibility to virus and infections, even though medical experts and his own doctor contended that he was no more likely to catch a cold or virus that anyone else.
The American Civil Liberties Union filed a complaint on behalf of Mr. Lamare with the TSA charging that the TSA was in violation of its own policy prohibiting discrimination against people with disabilities. In a settlement reached between the American Civil Liberties Union and the TSA, the TSA agreed to review and amend its employment policies for applicants with HIV or otherwise compromised immune systems.
Case Questions:
1. What was the ethical responsibility of the Transportation Security Administration in this case?
2. Was Mr. Lamare being discriminated against?
3. What are the ethical issues relevant to the case?