A Tennessee police officer has filed an employment discrimination lawsuit against the Metropolitan Government of Nashville and Davidson County. The police officer, who is only identified as John Doe, is described as a 45-year-old Black man and a decorated civil servant. Despite his work history and background, he claims the defendants unlawfully denied him employment because of his HIV status. The lawsuit was filed earlier this month in the U.S. District Court for the Middle District of Tennessee.

The officer is currently employed with the Tennessee Highway Patrol and has taken issue with a policy he says is discriminatory and a violation of federal law under the Americans with Disabilities Act and Civil Rights Act. According to the lawsuit, the policy at hand doesn't allow for the employment of someone who has a diagnosis of the human immunodeficiency virus (HIV).

The officer, who is represented by Lambda Legal, applied to work as an officer with the Metropolitan Nashville Police Department in 2019 after his wife got a job in Nashville. Prior to applying for the position in Nashville, Doe was working as a police officer in Memphis. Doe explains that he received an offer from the Metro Nashville Police Department in February 2020 on the condition that he passes his medical exam. After the conclusion of his exam, his blood work tested positive for HIV, and the department subsequently rescinded the offer.

The lawsuit explains that the offer was rescinded despite his viral load being “fully suppressed and un-transmittable, and he poses no threat of transmission to his co-workers or the community at large.”

After the department rescinded its job offer, it explained in a position statement to the U.S. Equal Employment Opportunity Commission in 2021 that the city's charter requires all candidates for roles of a police officer to meet the physical requirements of the U.S. Army or the U.S. Navy. Under these requirements, individuals who test positive for HIV are excluded from enlisting in the forces and hence would be disqualified from employment with the police department. Those regulations are currently also being contested by Lambda Legal in a separate lawsuit.

Because of the department's decision, the officer says that “in effect” the department violates federal law because it suppresses anyone who has HIV from serving with the Metropolitan Nashville Police Department “despite medical advancements that render HIV status irrelevant to a person’s ability to perform the duties of a police officer in any capacity.”

In his complaint, the plaintiff details that his healthcare provider issued him a letter that explains that his HIV status should not stand in the way of his employment because his viral load is seemingly undetectable. According to the local digital outlet, Local Memphis, the letter explained, "Undetectable means un-transmittable," and that the officer “remains in great health and this virus will not and has not ever affected his job performance or duties."

Nashville has since voted to change its charters on requiring military regulation for prospective police officers. However, that change has yet to be implemented.

According to his lawsuit, Doe is seeking a court order that would require the Metro Nashville Police Department to hire him at the same salary and the same position he would have been in had they not rescinded the initial offer. Doe is also seeking lost wages and other benefits along with a damages award and legal fees. Finally, Doe is seeking to have the court issue an order that would prevent the Nashville Police Department from denying applicants because of their HIV status.