An attorney with the U.S. Department of Justice has taken the discrimination case of a Brooklyn man who says the New York City Police Department disqualified him for the job of a 911 operator and radio dispatcher, reports The New York Post.

According to the federal lawsuit, Raymond Parker was given a conditional offer of employment as a police communications technician in 2013. When it came time for his medical exam, Parker was allegedly upfront about his HIV and the fact that he was taking antiretrovirals.

As the Post reports, the NYPD requested more information about Parker’s CD4 count, which is a general measure of an HIV-positive person’s health. At the end of 2013, the NYPD notified Parker that because of his “HIV low CD4 count,” he was medically disqualified for the job.

HIV is considered a disability under the Americans with Disabilities Act (ADA), which makes it illegal to discriminate based on a disability.

“I keep myself in shape. I don’t let my body wither. I live life to the fullest,” Parker told the Post. “I felt confident I could do the job.”

To read about other HIV-related discrimination cases on POZ, click here.