A federal appeals court on Wednesday granted a new hearing to a
40-year-old man who claimed the Atlanta Police Department rejected his
job application because he has HIV.
The ruling was a victory for gay rights advocates and the health groups
who had closely watched the case, which was brought in 2010 by a man
using the pseudonym Richard Roe.
Among other findings, the three-judge panel of the 11th U.S. Circuit
Court of Appeals said in the ruling that the city lulled Roe into
believing he didn't need to prove his HIV was "non-serious." It ordered
the judge who dismissed the lawsuit to take another look at that issue
and others prompted by the lawsuit.
The ruling was no surprise, as the panel expressed skepticism about the
city's arguments during oral arguments last week, and one judge
suggested the court had little choice but to send the case back to the
federal judge.
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