January 15, 2010

HIV-Positive Pilot Files Damages Suit for Status Disclosure

San Francisco pilot Stanmore Cooper is suing the Federal Aviation Administration (FAA), the Social Security Administration (SSA), the U.S. Department of Transportation and other federal agencies for freely sharing information about his HIV status, claiming a violation of the Privacy Act, law.com reports.

The 36-year-old privacy law prohibits federal agencies from sharing information gathered about an individual for one reason to be used for an unrelated purpose.

According to the article, Cooper said he was “emotionally devastated” when the SSA disclosed his HIV status with the FAA in 2005 when the latter agency was conducting a probe called “Operation Safe Pilot.” The FAA then charged Cooper with making false statements to a government agency because pilots are required to disclose their medical histories to maintain their licenses. Cooper was fined $1,000 and sentenced to two years probation. Cooper sued in 2007, citing emotional damages.

Federal agencies claim that willful and intentional violations of the Privacy Act do not include non-financial damages, such as emotional or mental distress.

At a January 15 hearing, three judges from the 9th Circuit Court of Appeals said the definition of “actual damages” is unclear.

“‘Actual damages’ is clearly a limiting term,” explained Samantha Chaifetz, a Department of Justice attorney. “Here what we know for certain is that the term has no plain meaning.”

“But doesn’t that actually argue against the government’s case?” countered Judge Milan Smith Jr. “It is, after all, a privacy act. The whole idea is that there are things about ourselves we want to keep private. I would think that 99 percent of the damages that would be suffered would be emotional or non-pecuniary damages.”

If the case is sent back to court, Cooper’s attorney, David Bird, must present testimonials to prove that Cooper’s emotional distress over the HIV disclosure is distinguishable from the shame related to his arrest. 

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Previous Comments:

mike, canada, 2011-04-17 00:55:36
im interested in become a pilot, I am hiv positive and healthy on medication.My question is should I bother and is it possible?I live in canada .

BC, Texas, 2010-04-23 15:16:00
Stanmore, good luck. I was a corporate pilot with a great career but failed to divulge my HIV status years ago when I first learned to fly. I had to come clean after 10 years of flying and lost all my certificates as well as my medical once my HIV status was reported. Now I have to start over and am faced with the obvious obstacles of regaining my medical and licenses, and then explaining to future employers how and why I lost my medical and licenses in the first place. Not going to be easy.

Stanmore Cooper, San Francisco, 2010-02-17 21:56:39
Bruce, I'd be happy to discuss my case and its history with you, including the criminal case, but don't know how best to arrange contact. Perhaps the POZ staff can somehow facilitate?

Bruce, San Jose, 2010-02-16 14:13:03
I am currently being investigated by the DoT for an issue and circumstances very similar to Stanmore Coopers. Does anybody know of good criminal defense lawyers in the bay area or how to contact David Bird who was Coopers Lawyer

Stanmore Cooper, San Francisco, 2010-01-27 20:06:16
Dave, I passed the CogScreen-AE to get my S.I. medical, made the decision to fly as a Sport Pilot, and then let my medical lapse; I didn't want to spend $1k on the test every 2 years. I'm able to use my drivers license in lieu of a medical. The problem is that if your medical is denied, you can't go the Sport Pilot route using your drivers license. Making HIV+ pilots take the CogScreen is discriminatory as many older pilots without HIV can't pass it and aren't required to take it. I sympathize.

Dave., Fairbanks, 2010-01-27 02:12:12
I would like to share a similar experience. In Dec. 2006 i applied for a class 3 student pilot medical; however, I disclosed that I was H.I.V positive, the FAA Would not issue my medical, and stated that all H.I.V positive must have cogscreen. I did the screen, got medical. Studied 2 years, spent $6000 F time, scored 87% on FAA test; however, they denied my medical 2 years later because my second cog test was not as good as the first. I feel there should be universal treatment. any advice?

Stanmore Cooper, San Francisco, 2010-01-23 11:17:19
This lawsuit has nothing to do with the emergency revocations or the criminal charges. After a thorough review of his medical records the plaintiff was issued a new medical certificate. After taking the written, oral and flight test he was issued a new pilot's license. The criminal charges have been settled with a plea agreement to a single misdemeanor. This lawsuit lawsuit is about whether or not federal agencies can willfully and intentionally violate the law without being held accountable.

shara, , 2010-01-19 23:14:30
when the day arrives that no one can be discriminated against for their sexual orientation, then and only then should people have to let employers know about HIV status. i understand that this could potentially put others at risk unknowingly but the unfair labeling and hatred towards glbt folks is what is usually behind people hiding such a fact. don't want the risk? work towards a tolerant educated society with full equality to all peoples

Patrick, NY,NY, 2010-01-19 22:31:08
If something is suppose to remain private it should remain private. It doesnt matter if he lied or not. He had the right to lie if it was suppose to be private and it does not affect his ability to be a pilot. Stigma is very real and his life should not be destroyed because of general public fear and ignornace.

WJStickel, Cape Coral, FL, 2010-01-19 18:21:27
If he lied to the FAA, the airline that he worked for had the right to fire him, along with being fined. FAA is government. SSA is government. In today's electronic information era, he should have known better.