United States DC Circuit

Summary judgment for the secretary of state on plaintiff's claim that the State Department violated the Rehabilitation Act when it refused to hire him as a Foreign Service Officer because he was HIV-positive is reversed where defendant was not entitled to summary judgment on either of the asserted defenses of "direct threat" or "undue hardship," or on a theory that plaintiff's pulmonary condition rendered him unqualified for the Foreign Service.

Appellate Information

• Argued 04/27/2006
• Decided 06/27/2006
• Published 06/27/2006

Judges

• Before:  SENTELLE, HENDERSON, and RANDOLPH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jonathan Givner, pro hac vice, argued the cause for appellant.   With him on the briefs was Leslie M. Hill., Arthur B. Spitzer was on the brief for amicus curiae HIV Medicine Association in support of appellant.


• For Appellees:
  
• Teal Luthy Miller, Attorney, U.S. Department of Justice, argued the cause for appellee.   With her on the brief were Peter D. Keisler, Assistant Attorney General, and Marleigh D. Dover, Special Counsel.