TSA refuses to hire HIV+ Air Force Vetr to scan luggage, ACLU to sues – wonder if Obama will at lteat fix this?

Transportation Security Administration Refused To Hire Qualified Baggage Screener Because He Has HIV
 
MIAMI – The American Civil Liberties Union today filed a complaint with the Transportation Security Administration on behalf of an Air Force Veteran who was refused a job as a baggage screener with the Transportation Security Administration because he has HIV.

“I was looking for a way to be able to serve my country once again and to supplement my income through this financial crisis with the possibility of changing my career. But after a lengthy interview and screening process, I was told that I am incapable and unworthy because I have HIV,” said Michael Lamarre, who worked in intelligence for the National Security Administration while serving in the Air Force from 1984 to 1987. “I am a long term HIV survivor, and it has never interfered in my ability to work. As I have learned having lived with HIV for nearly 20 years, people with HIV need to be able to make a living and support themselves just like everyone else as well as have the right to serve their country.”

 
In the spring of 2008, Lamarre applied online for a baggage screening position at the Fort Lauderdale airport with the TSA. He passed an aptitude test in November 2008, and then underwent a comprehensive security clearance. In March 2009, he was finally invited to come in for an interview. At the interview, which included further testing, he was told that he would have to pass a physical. Lamarre was required to disclose that he HIV at the physical. As a result, he was told to submit additional information from his doctor, including his most recent lab results and a form from his doctor stating that his HIV would not interfere with his ability to perform the duties of as baggage screener, which he did.

Lamarre has lived with HIV for 19 years. His viral load is nearly undetectable and he has never had any of the medical conditions associated with AIDS. Just last November he completed a 165 mile bike ride for charity in just 2 days.

Shortly after submitting the additional information, Lamarre received a letter from Comprehensive Health Services, the contractor who administered the physical, saying that he was disqualified for the job because of his HIV status. A copy of the letter is available at http://www.aclu.org/hiv/discrim/39829lgl20090428.html. During follow up calls to Comprehensive Health Services, he was told that the reason he was rejected is because his HIV status makes him more susceptible to virus and infections and that it was for his own benefit.

Today the ACLU filed a complaint on Lamarre’s behalf with the Equal Employment Opportunity Counselor for the Eastern Region of the TSA charging that the TSA is in violation of its own policy barring discrimination against people with disabilities. A copy of TSA’s non-discrimination policy is available on their website at: http://www.tsa.gov/assets/pdf/civil_rights_policy.pdf. The complaint also charges that the refusal to hire Lamarre violated his equal protection guarantees. It asks the TSA to rescind Lamarre’s disqualification from employment.

 
“In the nearly 20 years that Michael Lamarre has lived with HIV, it has never affected his ability to work,” said Robert Rosenwald, Director of the LGBT Project of the ACLU of Florida. “HIV discrimination is always wrong, but it is especially shameful when government is behind the discrimination. I hope the TSA recognizes the harm it is causing Michael and our country by refusing to hire a highly motivated and qualified employee.”

“As we have known for quite a while now, people living with HIV can lead long and productive lives and can make significant contributions in all professions, including baggage screeners,” said Dr. Margaret Fischl, MD, director and principal investigator of the AIDS clinical research unit at the University of Miami. “A baggage screener with HIV would pose no risk to others and would be no more likely to become infected with a cold or virus than anyone else working in the airport.”

A copy of the complaint filed by the ACLU as well as the letter notifying Lamarre that he was being disqualified because he has HIV and the paperwork submitted by his doctor stating he is physically capable of performing the duties is available at http://www.aclu.org/hiv/discrim/39827res20090611.html.

 
In addition to Rosenwald, Lamarre is being represented by Shelbi Day, a staff attorney with the LGBT Project of the ACLU of Florida, James Esseks, co-director of the ACLU’s AIDS Project and Rose Saxe, a staff attorney with the ACLU’s AIDS Project.

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Stigma drives HIV-positive gay men’s sexual risk-taking

Roger Pebody, Friday, March 06, 2009

HIV-positive gay men’s experiences of stigma and rejection by sexual partners strongly influence their involvement in casual sex and discourage them from practicing many risk-reduction strategies, report Sigma Research in their Relative Safety II report published this week.

The men they interviewed wished to balance their desire for sexual pleasure with a need to maintain their sense of moral integrity, but were often unable to avoid sex which could result in HIV transmission.

To follow up a similar study published a decade ago, Adam Bourne and colleagues interviewed 42 gay men with diagnosed HIV about their sexual practices and management of risk. The in-depth, qualitative interviews focused on recent experiences of unprotected anal intercourse (UAI), and to take part in the study, men had to have had unprotected sex in the past year. Therefore it’s important to note that the study does not reflect the experiences of the one-third of gay men with HIV who do not practice UAI in any given year.

The researchers attempted to include in the sample a mix of respondents from London and Manchester as well as lower prevalence areas, and also ensure diversity in terms of age and time since diagnosis.

All respondents were aware that they could transmit HIV through unprotected anal intercourse, and almost all said that they would never want to be responsible for doing so. Men more recently diagnosed tended to be particularly preoccupied by this concern, often avoiding sex altogether for a period after diagnosis.

In terms of the other harms which unprotected sex could give rise to, men tended to feel that sexually transmitted infections were rarely serious, although a few were more concerned about hepatitis C. Whilst some recently diagnosed men felt that HIV superinfection was an issue, men who had been diagnosed for longer usually believed that clinicians had deliberately exaggerated its importance.

Of more concern, however, were the emotional, psychological and social harms that unprotected sex could lead to. If men failed to live up to their own ethical guidelines, this could lead to inner turmoil. Moreover, some respondents described the perceived irresponsible behaviour of other HIV-positive men in order to highlight their own moral integrity. Having unprotected anal intercourse posed a threat both to a man’s positive sense of self and to the way in which other gay men saw him.

The researchers argue that men’s concerns about rejection and stigma shape they way they manage risk. Disclosure leaves men vulnerable to significant harm, including violent reactions and anxiety about ex-partners using police investigations as retribution, as well as rejection leading to emotional upset and problems finding sexual partners. In a community that often remains hostile to people with HIV, men’s instinct for self-preservation often leads them to choose behaviours where disclosure is felt to be unnecessary.

For example, many men used saunas, not just because sex was readily available, but also because the men assumed that almost all other sauna users were HIV-positive. Like online chat rooms or HIV support group meetings, saunas were thought to be ‘HIV positive spaces’ where men had implicitly announced their HIV status simply by being there. This allowed men to have unprotected sex there without an explicit discussion of HIV status, but leaving them with their sense of personal integrity intact.

In some settings, some men tried to avoid disclosure but maintain their sense of moral integrity by suggesting to sexual partners that it would be a good idea to use a condom. Nonetheless one man described how these suggestions prompted one sexual partner to ask directly whether he had HIV. When he said yes, the man became angry and left.

Another form of implicit disclosure that men tried was ticking ‘safer sex needs discussion’ on a Gaydar internet profile. Few men explicitly advertised their HIV status on their profile, but might mention it during private instant messaging. The respondents described ambiguities and misunderstandings in disclosure on the internet, but generally found that the internet enabled them to screen potential partners with less fear of disappointment or reprisal.

Nonetheless, the researchers found that men used risk reduction strategies to quite a limited extent. No respondents mentioned reducing the duration of anal intercourse or the impact that viral load or a sexually transmitted infection could have on the risk of transmission. Just a few men discussed the greater risk of infection for the receptive partner or the possible benefit of withdrawing before ejaculation.

Some men did practice some form of sero-sorting (seeking partners of the same HIV status) and respondents said that it allowed them to have uninhibited sex where HIV status did not remain the most salient concern throughout.

Nonetheless the researchers stress that no man exclusively practiced sero-sorting in a way that could guarantee that both partners had the same HIV status. Disclosure was often implicit (by being in a sauna, for example) or was not reciprocal. The respondent may have made an upfront disclosure of HIV status, and assumed that if his partner was ready to carry on without condoms, then he must be positive too.

However the majority of men actually rejected the idea of sero-sorting. It was associated in their minds with high-risk, esoteric practices, and in the words of one respondent, men who are “going spreading it round because they are shagging willy-nilly”. Many men were at pains to distance themselves from this behaviour. They were appalled by the idea that unprotected sex could ever be a regular or planned activity, and so rejected sero-sorting, strategic positioning, withdrawal before ejaculation and other risk reduction strategies.

Nonetheless these same men had all had some unprotected sex. It tended to be described as an exceptional event, explained by circumstances such as substance use or a partner’s insistence. The researchers make it clear that a number of men lacked the self-confidence or negotiation skills to manage such situations. Many men aspired to use a condom every time, but were not able to fall back on risk reduction strategies when, for whatever reason, condoms weren’t used.

In their conclusion the researchers note several consequences of HIV related stigma: a reluctance to disclose and an encouragement to have anonymous sex; some interviewees’ rejection of other HIV-positive men and their behaviour; a desire not to engage with the idea that HIV risk is an integral part of sex; and the reluctance to use risk-reduction strategies.

However they also note that, for many men, there are direct contradictions between their intentions and their behaviour. Many men construct systems of belief about risk that enable them to have the sex they desire, whilst feeling that they are ‘moral enough’. They believe they are behaving responsibly, but HIV transmission may well be taking place.

The researchers recommend tailored prevention interventions for diagnosed men which take account of the centrality of stigma, and discuss unprotected sex in credible and informative ways. Moreover health professionals need to improve their skills in engaging men with these issues.

Reference
Bourne A et al. Relative Safety II : risk and unprotected anal intercourse among gay men with diagnosed HIV. London: Sigma Research 2009.

 

 See Stigma drives HIV-positive gay men’s sexual risk-taking

Aidsmap -

 

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Novel SF program tries to cut new HIV cases

This month, the San Francisco AIDS Foundation is launching an innovative program designed to catch new HIV infections shortly after they occur – when the risk of transmission is the highest.

The goal of the two-year pilot project, the first of its kind in the nation, is to reduce by half the number of new HIV cases by 2015.

During the two- or three-month period after infection, the viral load is highest and the danger of transmission is also at its peak. As many as half of all new infections are estimated to occur during the acute phase.

“The virus gets in your body and starts to replicate at a very high rate before the natural immune responses of your body start to mobilize,” said Mark Cloutier, chief executive of the San Francisco AIDS Foundation.

The expanded testing, along with counseling, will take place at Magnet, a community health center for gay men in the Castro.

Clients who report engaging in recent, high-risk behavior will be invited to take viral RNA (ribonucleic acid) testing, which will identify those who are acutely infected. They will also be encouraged to alert their partners.

It takes two weeks to get results. During that time, said Steve Gibson, director of Magnet, clients are counseled to behave prudently, as if they were HIV-positive.

 See Novel SF program tries to cut new HIV cases
San Francisco Chronicle,  USA

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