December 8, 2011
Detroit Man Alleges HIV Discrimination By Lysol-Spraying Dental Clinic Coworkers
by Todd Heywood
Local attorneys in Detroit are preparing to sue the national, privately-owned Great Expressions Dental Centers for what they say is the worst case of alleged HIV-related job discrimination they have ever handled.
And while the company denied any wrong doing, the Detroit office of the Equal Employment Opportunity Commission (EEOC) agreed with James White and his attorneys that there was reasonable cause to believe the dental company with clinics in Michigan, Ohio, Florida, Georgia, Connecticut, Virginia and Massachusetts had unlawfully discriminated against White.
In a letter from the Commission, White was informed:
“Based upon the above and the record as a whole, there is reasonable cause to believe that the Charging Party was disciplined, denied reasonable accommodation, and discharged due to his disability, in violation of Title I of the Americans with Disabilities Act of 1990, as amended.”
James White, 26, had been working for Great Expressions for about six months as an office employee when he tested positive. As result of the diagnosis, White moved quickly into care, arranging appointments to make sure he was healthy.
He requested time off for the appointments, and the time was approved. But his office manager inquired as to why he had all the medical appointments.
“I told her I had tested positive for HIV; I thought it would be easier for me in the long run,” White says. “I asked her not to say anything to anyone.”
Days later, the company’s regional director called White into his office.
“He said, ‘I hear you have AIDS,’” White says the doctor said to him. White says he explained that he was HIV positive, to which the doctor replied that there was no difference between HIV and AIDS. “He then said it was OK because I did not work in back with the patients.”
And thus began what White says was a seven month decline into hell that “degraded me as a person.”
He says he was prohibited from touching doorknobs in the office. Staff members followed him around with Lysol, spraying and wiping down the surfaces he touched. He was subjected to unexpected changes in his schedule—called and told to come in later than scheduled, or to leave earlier than expected. When he complied with the scheduling offers, he was written up for unexcused absences.
After months of this, he said he was overwhelmed.
His health took a turn for the worse, and he was hospitalized for a week. During that time, the clinic decided to fire him. They called him the day before he was to return to work and informed him that he was fired for excessive unexcused absences.
“I felt like my character was destroyed,” he says. “I went from wanting to be an activist—someone who spoke to groups about HIV—to someone who didn’t want to leave my room for six months.”
His lawyer Nicole Thompson says that “it’s very clear [White] has been traumatized by this.”
Thompson notes he has been diagnosed with post-traumatic stress disorder, and White himself says he continues to see mental health professionals weekly to address his concerns. He still has trouble going into public places. For example, White says he “blacks out” when he goes to the grocery store and doesn’t remember being there. Right before the blackouts, White says, he feels like people are following him around and sanitizing everything he touches or that people are talking about him.
Thompson says that while Great Expressions declined an agreement settlement offered by the EEOC, neither she nor White is undeterred. The settlement agreement included a large cash settlement, including more than $140,000 in compensatory damages and $45,000 in punitive damages. In addition, the company would have been required to post notice of the agreement as well as train staff on HIV and the Americans with Disabilities Act.
Great Expressions Dental Centers spokesman Michael Galperin said the company does not discuss current or former employees and declined further comment on the case.
“We have the right to sue letter from the EEOC, and we expect to file something in the federal court by the holidays,” Thompson says. “We’re in it for the long haul. If we have to take it all the way to trial, we will take it all the way to trial.”
White’s case is already drawing national attention.
“There’s simply no excuse for discrimination. It promotes HIV stigma, which keeps many people who know they are HIV positive from seeking treatment because they are afraid their health care details will be leaked to their employers, and it makes others afraid even to get tested and know their status,” said Peter Kronenberg, vice president for communications for the National Association of People with AIDS. “In a nutshell, stigma kills. HIV is not spread by casual contact or touching surfaces other people may touch. We’re glad that the former employee is standing up for his rights. [If the allegations prove to be true], he sends a message to other employers and HIV-positive employees everywhere that workplace discrimination is unacceptable.”
Search: Great Expressions Dental Centers, Equal Employment Opportunity Commission, EEOC, discrimination, James White, Nicole Thompson, Michael Galperin, Detroit, Michigan
Scroll down to comment on this story.
comments 15 - 29 (of 29 total)
nhf7170, New York, 2011-12-21 21:22:04
He should press assault charges against anyone who sprayed him. There also may be some HIPAA violations here. Given the stupidity on display here, I'd be concerned about the quality of care provided by these McDentists.
keith, tampa, 2011-12-16 14:46:14
It's my opinion that the office manager, that needs to be fired for saying something. when Mr. white asked her not too say a word to anyone. all this could have been averted if she had just keeped her mouth shut.
R.Stephen, Bronx NY, 2011-12-15 13:56:12
First the company's doctor needs to get his facts right and not make a fool of himself. I also support the idea of aboycot let the company learn the heard way. When they get a federal law suite then they will respect their employees privaacy
maaa, usa, 2011-12-14 12:31:32
This is a good example why you shouldnt be giving out your status because you dont how people are gonna react. Your status is NOT an office topic whether you are positive or negative and people are now on this thing about your status..KNOWING your status is different from REVEALING your status..people are posting their negative status on Facebook..really? What happens if your status is positive? Only the people you plan on sleeping with should know your status!!!
L Barnes, , 2011-12-14 01:06:16
Sounds to that aboycot might be a good idea. It might be a good expression of how the public feels about such hate filled bigotry. I'm sure there are plenty of truly professional dentists who'd be happy to pick up their patients.
Keith, Portland, 2011-12-13 18:13:55
Shortly after being diagnosed poz, I went to an Urgent Care Clinic. The Dr. that was supposed to examine me stopped at the door and did not even come in to the exam room. I was so shocked by his behavior, a medical professional doing that? That was 6 years ago. It also amazes me how many gay men are uneducated about HIV. I have found it extremely difficult to even find a date. Maybe it's my age, who knows.
Todd Shearing, Pickering, Ontario, 2011-12-13 08:28:09
Disgusting to know a dentist does not know the difference between HIV and Aids. Pull his license immediately and insist he/she go back to medical school.
Mary, Sterling Heights, 2011-12-12 20:34:13
I agree this case of discrimination is appalling. But the person who started the petition should get the facts right, Mr White didn't work at the Detroit location.
Emmanuel, , 2011-12-12 16:51:22
A dentist who doesn't know the difference between HIV and AIDS is dangerous.
Erica, Atlanta, GA, 2011-12-12 10:15:41
Avoid this company at all costs.
James, Norman, OK, 2011-12-11 15:43:18
Please sign this petition demanding full reparations be paid to Mr. White and the immediate resignation of his horrendous regional director
mzjasmin, , 2011-12-11 10:12:37
I went to an ER and the doctor knew I had HIV. I was pregnant and miscarried before so I knew what the doctor was suppose to do. He never touched me not even to shake my hand. He just sent me for a sonogram and told me I would miscarry. He should have done a pelvic exam and after that I was afraid to tell anyone abou t my condition when getting treated. I am happy to say I have a healthy HIV free 2 year old in spite of the doctor's failure to follow protocol due to his ignorance.
Jey, Flint, 2011-12-11 08:31:26
Discrimination against folks that are HIV positive happens everyday. Its the worst. People still are ignorant to what the disease is, and also the many advances that have been made towards the disease. I am soooo surprised to be seeing it in the medical field. But then again, ignorance is everywhere.
David in Dallas, Dallas, TX, 2011-12-10 13:16:13
This is obscene, especially when you consider that this is coming from people in the medical field. I personally believe that the dentist who pulled the "I hear you have AIDS" line should have their license and credentials reviewed for professional ethics violations.
Richard, Monterey, Ca, 2011-12-08 19:16:29
comments 15 - 29 (of 29 total)
These guys are screwed.
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