Judge Rules U.S. Military Can't Discharge HIV-Positive Troops

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Judge Rules U.S. Military Can't Discharge HIV-Positive Troops
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An attorney for the plaintiffs called it “a landmark victory — probably the biggest ruling in favor of people living with HIV in the last 20 years.”

RICHMOND, Va. — U.S. service members who are HIV-positive cannot be discharged or barred from becoming an officer solely because they’re infected with the virus, a federal judge in Virginia ruled. Advocates say it’s one of the strongest rulings in years for people living with HIV.

“The military was the last employer in the country that had a policy against people living with HIV. Every other employer — including first responders — is subject to rules that prohibit discrimination based on HIV status,” he said. The Department of Justice argued before the 4th Circuit that the Air Force determined the two airmen could no longer perform their duties because their career fields required them to deploy frequently and because their condition prevented them from deploying to the U.S. Central Command’s area of responsibility, where most airmen are expected to go.

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