Lambda Legal

Summary

Kyle Smith, of Columbus, Ohio, applied to be a Foreign Service Office Management Specialist. An applicant with 13 years of relevant experience, he successfully completed the interview process and was given a conditional offer of employment. Upon learning that Smith is HIV positive, the Foreign Service informed him that he did not qualify for medical clearance and would not be considered for employment. The State Department bars people with HIV from Foreign Service jobs. It claims that people with HIV may require medical treatment not available in less developed countries, but there is no consideration of the applicant’s overall health. Smith has been living with HIV for years and has a T-cell count that rivals that of most HIV-negative people. He has never experienced a long-term illness or opportunistic infection, and his own doctor describes his health as “excellent.” Lambda Legal has filed a discrimination complaintComplaint  The document filed with the court to initiate a legal case (more keywords) on Smith’s behalf.

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 prohibits the government from discriminating against people with disabilities, including HIV.

Lambda Legal's Impact

Lambda Legal’s representation of Smith is part of our effort to end HIV discrimination in the Foreign Service. The Department of State denies candidates for Foreign Service Specialist or Foreign Service Officer the individualized consideration they’re entitled to under federal antidiscrimination law.

History

• October 2003 Lambda Legal files discrimination complaint against the U.S. State Department with the Department’s Office of Equal Employment Opportunity and Civil Rights.
• July 2005 State Department’s Equal Opportunity Commission issues orderOrder  A command, direction or instruction by a court or judge (more keywords) in favor of State Department, based on Administrative Judge’s ruling relying on federal district courtDistrict Court  A trial court for federal cases (more keywords) decision in Taylor v. Rice, Lambda Legal’s case representing Lorenzo Taylor whose application to be a Foreign Service Officer was denied because he has HIV.
• August 2005 Lambda Legal files an appealAppeal  To ask a higher court to reverse the decision of a trial court (more keywords) with the U.S. Equal Opportunity Commission.