Lorenzo Taylor wants to be an American diplomat. The only thing standing in his way is HIV and the intransigence of the State Department; it is unwilling to make reasonable accommodations to let him serve his country. The latest chapter in his struggle played out in the U.S. Court of Appeals for the District of Columbia on April 27.
Taylor is one of the fortunate people for whom HIV truly has become a chronic and manageable condition. First diagnosed as HIV-positive in 1985, his viral load is undetectable and he has never failed a regimen. Doctors say he is at no more medical risk than any other man his age.
A graduate of Georgetown University's School of Foreign Service and fluent in three languages, Taylor, 47, currently works as one of the senior federal administrators of the Ryan White program, which funds much of the domestic AIDS program. He had passed all of the hurdles to join the State Department when a medical review dashed those plans.
Their regulations say that new employees must be available for worldwide service and that being HIV-positive is an automatic exclusion. However, current employees who seroconvert may continue to work.
Taylor and his attorneys with Lambda Legal sought reasonable accommodations—a medical exemption, or using his vacation and sick leave whenever doctor visits were necessary. When they exhausted all administrative channels, they filed suit in federal court in 2002, charging a violation of the Rehabilitation Act. Last April a judge issued a summary judgment agreeing with the State Department.
During arguments before the three-judge appeals panel, Lambda attorney Jon Givner said that about a third of current State Department employees have medical conditions that limit their worldwide deployment. Furthermore, over the last five years, the Department issued waivers to 98 new employees, 'So absolutely, 100-percent availability is not essential.'
He said the accommodations they have suggested are reasonable for the Department and that Taylor should be hired.
Judge Karen Lecraft Henderson said there was no evidence in the case record that the Department would be burdened in making the requested accommodations.
'Let him use his own time and his own dime,' said Judge David B. Sentelle, the honeyed drawl of North Carolina heavy on his lips. The confidant of retired Senator Jesse Helms seemed sympathetic to the argument.
Judge A. Raymond Randolph pointed out that the Department has not argued that it would be a financial burden to take on Taylor's medical care—only that it would be a burden on morale, because others might have to serve in hardship posts more often.
The government lawyer also raised the fact that Taylor was diagnosed with a mild case of asthma, which might preclude worldwide availability. But Judge Sentelle questioned whether that fact had been established in the case record, and suggested that it was but one of many factual matters that might need to come out in a trial.
Judge Randolph said the assumption of the Rehabilitation Act 'is that some people are going to be treated differently than others.'
Later outside the courthouse, Givner said, 'The judges clearly were receptive to our arguments. They clearly see that this case involves many factual arguments and hopefully they will conclude that means the case is appropriate for a trial rather than a decision without a trial by a judge.'
As for the government lawyer raising the fact that Taylor also has a mild case of asthma, ' [ w ] e believe it's a red herring,' Givner said, 'It really has no bearing on Lorenzo's ability to serve in the Foreign Service.'
He said, 'The case is important as a policy matter because this is the federal government that we're talking about, and it is discriminating against people with HIV; the very same department that is throughout the world discouraging discrimination by other governments against people with HIV.'
Taylor said he 'absolutely' remains committed to serving his country. He pointed out that a State Department medical clearance is required to do HIV work in Africa for the CDC ( Centers for Disease Control ) or other agencies. 'It really does impact a lot of the other types of work that I would like to do.'
