Leonel v. American Airlines, 400 F.3d 702 (9th Cir. 2005)

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• Employment

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Court and Agency Decisions and Orders  

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Leonel v. American Airlines, Inc., 400 F.3d 702 (9th Cir. 2005)In this case, American Airlines denied jobs to three HIV positive flight attendant applicants, both because their HIV status meant they didnt meet AAs medical requirements, and because all 3 failed to disclose their status on the pre-employment medical questionnaire forms. The federal Ninth Circuit Court of Appeals concluded that the applicants can take their case to court even though they lied about their HIV-positive status. .American Airlines had made tentative job offers in 1998 and 1999 to the three men pending medical and background checks. .Blood tests found the men were HIV positive, a condition they declined to list on a medical history form in their applications, and the job offers were rescinded. In their lawsuit against American, based on the Americans With Disabilities Act (ADA), the California Fair Employment and Housing Act (FEHA, and the CA state constitutional right to privacy, the men claimed that the blood tests violated their right to privacy. A lower court dismissed their cases, but the federal appeals court ruled that the men had a right to a a hearing on their claims. The appeals court found that American did not justify its blood testing before it had completed its background checks. It also said the applicants right to privacy may have been violated as the job applicants did not consent to all testing of their blood and may have been misled on the nature of the testing. The court stated that "Many hidden medical conditions, like HIV, make individuals vulnerable to discrimination once revealed," and that the current law "allow[s] applicants to keep these conditions private until the last stage of the hiring process.. Opinion Amended on Denial of Rehearing by Leonel v. American Airlines, Inc., 2005 WL 976985, 16 A.D. Cases 1536, 05 Cal. Daily Op. Serv. 3553, 2005 Daily Journal D.A.R. 4865 (9th Cir.(Cal.) Apr 28, 2005) (NO. 03-15890, 03-15893, 03-15897).

 

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Published

2005-March-04