Lambda Legal: Taylor v. Rice

Taylor v. Rice

Case arguing against the Foreign Service's policy of not hiring anyone who is HIV positive

Victory!

Landmark Case

Status

Opened: 09/03/03
Closed: 03/24/08

State

Washington, D.C.

Issues

Employment and Rights in the Workplace,
HIV

Plaintiffs/Defendants

Lorenzo Taylor

Attorneys

Lambda Legal
Bebe J. Anderson, Scott Schoettes, Thomas W. Ude, Jr.

Co-counsel/Cooperating Attorneys
Joseph Kakesh, Elizabeth Leise and Jennifer Risen, of Arnold & Porter LLP

Summary

Lorenzo Taylor was denied employment by the U.S. Foreign Service because he has HIV. Taylor speaks three languages, graduated from the Georgetown University Walsh School of Foreign Service and easily passed the rigorous application process required to be a Foreign Service officer. Since 2003, Lambda Legal has represented Taylor in his efforts to seek justice in this case, which is now in the trial phase. We contend that the state Department’s policy barring all HIV-positive Foreign Service candidates violates the federal Rehabilitation Act. The Act prohibits the federal government from discriminating against people with disabilities. Lambda Legal aims to change this outdated policy.

Context

The U.S. Foreign Service — along with the U.S. military — is the only type of federal employment where people with HIV are broadly blocked from consideration. The federal Rehabilitation Act prohibit the federal government from discriminating against people with disabilities, including HIV.

Lambda Legal's Impact

Lambda Legal’s discrimination complaint aims to end HIV discrimination in the U.S. Foreign Service once and for all. The Department of State denies candidates for Foreign Service Generalist the individualized consideration they’re entitled to under federal antidiscrimination law.

History

September 2003 Lambda Legal files lawsuit in federal court arguing that the State Department illegally prohibits anyone with HIV from being hired as a Foreign Service Officer, regardless of applicant’s qualifications or health status.
April 2005 Federal district court rules in favor of the state Department, saying that the government should not have to accommodate Taylor by letting him use some of his sick and vacation leave, available to all Foreign Service Officers, to travel to see his doctor.
June 2005 Lambda Legal files an appeal with the U.S. Court of Appeals for the District of Columbia.
April 2006 Lambda Legal presents oral arguments in the case.
June 2006 U.S. Court of Appeals for the District of Columbia issues decision stating that Taylor presented “more than enough” evidence for the matter to go to trial.
February 2008 Less than two weeks before our trial date, the U.S State Department adopts new hiring guidelines and lifts its ban against hiring people with HIV as Foreign Service Officers, the case is closed.