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Discrimination in the job application process

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Hi all,

To make along story short, I found out on the telephone in 2001 that I was hiv positive. I applied for a position as flight attendant with Lufthansa and was offered a contract. (This was right before the 11 Sept. 2001) One of the criteria of the contract was an 'Aids Test' with a negative result. As I was informed that I could not meet this criteria I was also told that my trainings contract was no longer available.

Of course as much of you have experienced yourself after this kind of a notification the job was no longer so important to me. I was more concerned with my health and 'getting better.' I found a good doc had to start meds and continued to work in the hotel where I had been working. My numbers got better and the fear began to cease.

It has been about 5 years and I just did something crazy. Yes, I did an online application for a position as flight attendant again. Not to be to overly arrogant but I am over qualified for this position. I have worked in numerous 4-5 star hotels in all the important service dept.'s but being a flight attendant has been an unaccomplished dream of mine. I am fairly certain they will show interrest in me again and I am hoping that they did not save my hiv status in there personnel archive. I am also not sure how the discrimination laws are in Germany about hiv at the moment but I am hoping that there has been some change. If I am offered a contract again and they find out I have hiv and take the contract back I intend on suing them! Five years ago I was too shocked to do anything, but now if they discriminate again against me ( against all people with hiv) I intend to kick them in the balls even if I have to go to the media and disclose my hiv status to the world. My current boss knows about my hiv status and I know my job is safe.

I'd be happy to get any legal advice here, please remember this is not the U.S. but Germany. What does the law say about this in the U.S.? Is this type of discrimination legal there?

Has anyone else around the world encountered this type of discrimination?

Thanks for your time,

Rion Turner

thats terrible. They MAYonly keep them for a certain period of time, they must get alot of staff thru there. but keep us informed id like to hear how you go.
Its discrimination at its worst.

Hi Rion!
I am a flight attendant in Iberia Airlines of Spain. I think the law must be similar in all the european union. I tested positive last October but I contracted HIV in 2002 from my partner who is also al flight attendant in the same airline. Since I contracted HIV I had two blood tests done by the airline. In fact in my last test in January 2005 I asked the medical department of Iberia to perform an HIV test. They said NO because its illegal. My partn er and I are still working for IB. There is many other people that have entered the airline being HIV positive. Not only flight attendants. There is also a very well known case of a copilot who stopped flying for several (because of HIV) years and is working full time again.
Talking to the lawyer of my syndicate I found out that many other colleagues were trying to give up flying because of HIV and the company wont give them the disability (as air crew and give the a position as ground staff)  because they are well enough to keep on working.
It sounds weird for me that Lufthansa can test you for HIV. HIV test is something private and you cant be tested unless you give permission. In my case I was not tested by Iberia even when I asked the to do it and told them I would give them a written authorisation.

blond beauty,

First off nice picture and thankyou for your response.

 The fact is after the interview process with Lufthansa one must do a 'Flugtaublichkeits Untersuchung' or flight medical check-up. In order to complete this process which one must do in order to be offered a contract one is forced to sign a paper that allows Lufthansa to test for hiv. To simple it up if you do not sign the paper which allows them to test, you do not get a green light for the medical check-up. Of course without the medical check-up you do not get the contract.

I think this might also be illegal in Germany as in the EU most laws are pretty similar. It is possible that no one has challenged Lufthansa on this yet. I will! 5 years ago my world fell apart first, I've got it all back together now and am willing to fight for the right to work in a capacity which Lufthansa has already deemed me(with the exception of hiv) qualified for.

Why would it be OK to discriminate against HIV in the medical workplace?  As opposed, say, to the food service workplace, child care, schoolteachers, airline pilots, animal trainers, airline pilots, factory workers, or practically any workplace one can mention?


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