Physical Wellness

Man With HIV-positive Status Wins Case Vs NYPD Over Medical Disqualification [VIDEO]

Gerard Black
April 12, 2017 10:48 AM EDT

The New York Police Department (NYPD) is set to pay Raymond Parker, a man with HIV-positive status as settlement for a medical disqualification case filed against the city police force.

The US Attorney's office and the Justice Department filed the case on behalf of Parker, who previously applied as a 911 operator in the NYPD. Parker is set to receive $50,000 and will be reconsidered for the operator post. The settlement also required the the NYPD to retrain members on the Americans with Disabilities Act (ADA) which prohibits discrimination in the workplace, Buzzfeed News reported.

Parker was originally offered employment by the NYPD for the emergency dispatcher post in July 2013. After being upfront about his HIV-positive status, the NYPD retracted their offer and he was given a notice of medical disqualification in December 2013, Reuters reported.

The court found that after Parker admitted his HIV-positive status, the NYPD requested to do a CD4 count. The CD4 count is a laboratory test that measures the health of the person living with HIV by counting the number of CD4 T lymphocytes in the person's blood. This is indicates how well the immune system is working and predicts how HIV progresses in the body.

Parker filed a complaint with the Equal Employment Opportunity Commission but failed to reach an agreement with the city. The federal US Attorney then sued the city of New York because Parker's medical disqualification was illegal. The ADA states that having HIV constitutes a disability even if there are no outward symptoms of the disease.

The US Attorney is thankful that the city settled the case and acknowledged that HIV status will not be a basis to deny employment to an individual.

The law department city of New York has not released any statement yet with regards to the court decision.