Nashville PD Must Pay HIV-Positive Man Denied a Job

The Metropolitan Nashville Police Department has recently made significant changes to its hiring policies and is providing financial compensation to an HIV-positive man who was denied a job as a first responder. The unnamed Black man filed a lawsuit against the MNPD in 2020 after being refused a job. The department, at that time, followed hiring practices similar to those set forth by the United States Army, which previously prohibited individuals living with HIV from enlisting. However, following successful legal challenges, the Army no longer discharges military members due to HIV status or considers HIV in deployment decisions.

In a groundbreaking ruling in 2022, a federal judge in Virginia declared that individuals living with HIV who are virally suppressed and asymptomatic cannot be discharged from the military. In another important development, voters in Davidson County, where Nashville is located, amended their charter to align with U.S. military criteria for hiring.

As a result of this case, Nashville has agreed not only to compensate the plaintiff, known as John Doe, but also to revise the city’s Civil Service Medical Examiner’s policies to clarify that HIV is not a disqualifying condition for employment as a police officer or first responder. John Doe, a decorated civil servant, expressed his satisfaction with the outcome, stating that HIV is now treated as a manageable condition and should not prevent individuals from serving their communities in various capacities.

The lawsuit against Nashville was led by the law firm of McDermott Will & Emery and Merchant Gould P.C., along with the nonprofit organization Lambda Legal, known for challenging HIV discrimination in legal cases. Jose Abrigo, Lambda Legal’s HIV Project Director and attorney in the case, emphasized the importance of updating laws to reflect modern medical advancements and removing stigma and discrimination against individuals living with HIV.

This settlement serves as a reminder of the progress that has been made in understanding and treating HIV, and the ongoing work needed to ensure equal opportunities for all individuals, regardless of their health status.