Illegal to Require Proof that Not HIV-Positive

A nightclub will reportedly pay $139,366 after a judge entered default judgment against the company for a lawsuit that the Equal Employment Opportunity Commission brought alleging disability discrimination because the nightclub fired its employee for failing to provide medical documentation that she was not HIV-positive.  The owner’s request for the documentation was based on his belief that the employee’s alleged HIV status was hazardous to business for the company.  The alleged conduct is a violation of the Americans with Disabilities Act, which prohibits discrimination against employees on the basis of a disability.  The court awarded all of the relief that the EEOC sought including back pay and other losses to the employee, compensatory damages for mental pain and suffering, and punitive damages.  See EEOC v. Diallo’s Entertainment Inc., No. 4:16-cv-02909 (S.D. Tex.).