KBR Partner Jonathan B. Bruno obtained a defense verdict in the United States District Court for the Southern District of New York in an employment discrimination case alleging a violation of the Americans with Disabilities Act.

 

The plaintiff, who is HIV positive, alleged that she applied for a position with one of the defendant’s healthcare facilities.  As is required by New York State law, the plaintiff underwent testing for titers as part of the application process.  Shortly after her interview, but before receiving the results of her tests, the plaintiff was given a verbal and written job offer which she accepted.  After she had already accepted the job offer, the plaintiff provided the defendants with a copy of the lab results from her tests.  The plaintiff alleged that based upon her lab results, the defendants either knew she was HIV positive or perceived her to be HIV positive.  Shortly thereafter, the defendants reduced the annual salary that was offered to the plaintiff and a disability discrimination lawsuit followed. 

 

The jury agreed that the reduction in the plaintiff’s salary offer was not due to the plaintiff’s HIV status.  The jury accepted the defendants’ explanation that the salary offer had been made in error by a new employee who was not authorized to make any offers without approval from his immediate supervisor.  When the supervisor learned about the annual salary that was offered, she realized that the offer exceeded the market rate, and was at the top of what the defendants had budgeted for the position.  The supervisor then instructed the new employee to go back to the plaintiff and offer her the position at a reduced salary, which the employee did and the plaintiff rejected. 

 

The jury deliberated for approximately 20 minutes before returning a unanimous verdict in favor of KBR’s clients.

 

(Henson, United States District Court, Southern District of New York, Civil Action No. 11-1908).