A discrimination lawsuit has been filed against the Nashville Police Department by a former Memphis police officer of the year. The officer claims that the department violated federal law by withdrawing a job offer after discovering that he has HIV.
In the lawsuit, which was filed on Friday in federal court in Nashville, the officer presented a letter from his healthcare provider stating that his HIV status should not disqualify him from employment. The letter, signed under the pseudonym John Doe, asserts that the officer has successfully suppressed the virus through medication and that his viral load is undetectable.
According to the letter, “Undetectable means un-transmittable.” It also states that his health remains excellent and HIV has never affected his job performance or duties.
The Nashville legal department has not yet received the lawsuit and has declined to comment on the case, as stated by associate director Allison Bussell in an email on Tuesday.
Previously, the department defended the decision to withdraw the job offer to John Doe in a statement to the U.S. Equal Employment Opportunity Commission in 2021. According to the statement, the city’s charter requires police officer candidates to meet the physical requirements for admission to the U.S. Army or Navy, which currently exclude individuals with HIV. The Lambda Legal organization has also filed a separate lawsuit challenging these regulations.
The lawsuit, filed by both John Doe and Lambda Legal, reveals that the officer had been working as a Memphis police officer since 2017. In 2019, he applied for a job with the Metro Nashville Police Department when his wife obtained employment in Nashville. He received a job offer in February 2020, but it was rescinded after a blood test revealed his HIV status. Despite appealing the decision, he lost.
Following this, John Doe filed a complaint with the Equal Employment Opportunity Commission and was granted the right to sue in April. Meanwhile, Nashville voted to amend its charter to remove the requirement that police recruits meet U.S. military standards. However, according to Jose Abrigo, an attorney from Lambda Legal, this change has not yet been put into effect.
The lawsuit states that John Doe currently works as an officer with the Tennessee Highway Patrol. He is seeking a court order to compel the Nashville Police Department to hire him at the same salary and position he would have held if his job offer had not been rescinded, including compensation for lost wages and benefits. He is also requesting damages and legal fees, as well as a court order prohibiting the Nashville Police Department from discriminating against HIV-positive officers.
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