Court rules against HIV job seeker's claim
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A HIV-positive job seeker Friday lost his employment discrimination suit against the municipal education department that denied him employment on account of his HIV-positive status.
In the Chinese mainland's first employment-related HIV-discrimination case, a college graduate under the assumed name Xiao Wu filed a lawsuit against the education department in Anqing City in east China's Anhui Province.
Xiao's lawyers said they will appeal the decision to a higher court.
Prior to the decision, Xiao, who had refused to be interviewed by media organizations about the case, agreed to be interviewed by Xinhua.
"If I lose the case, I will definitely appeal," he said, adding that even if he wins the case, he is not sure if would accept the job offer.
Li Fangping, one of Xiao's two lawyers, said before verdict, "If we win, it means HIV-positive people's right to employment is legally protected. This will encourage all HIV-positive people."
"If we lose, the authority of the Employment Promotion Law will have been challenged and the rights of HIV-positive job seekers are threatened," Li added.
In its ruling, the Yingjiang District Court said the municipal education department's hiring process abided by the state physical examination standard for civil servants and was therefore legal.
"There are no laws saying HIV-positive people can not be teachers," Li said after the decision.
Wei Guo, the attorney for the education department said, "This is not a case about discrimination. The department was just performing its duty in accordance with the law."
Wang Gongyi, director of the justice research institute in China's Ministry of Justice, said, "The court's decision is reasonable as teaching is a very special occupation. I think the education department has the right to make a thorough evaluation before it hires someone."
Ma Huaide, vice president of China University of Political Science and Law, said, "First of all, the rationality of the state physical examination standard for civil servants is questionable. There is no proof the disease will affect civil servants' work performance. Secondly, the law does not clearly state that HIV-positive people cannot be recruited as civil servants."
Ma added that no law requires the physical examination standard for teachers be the same as that for civil servants.
"Employment discrimination cases are increasing in China. There have been employment-related discrimination cases brought by women, disabled people and people with certain illnesses. I think social justice should be served and that people should be protected in every way."
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