Tenth Circuit: Trainer Truck Driver Required to Disclose HIV Status to Potential Trainees Before Being Allowed to Train not Discriminatory

In EEOC v. C.R. England, Inc., the 10th Circuit Court of Appeals affirmed the dismissal of a case brought by an HIV-positive truck driver.  The truck driver, who had been hired to train new truck drivers for C.R. England, Inc., disclosed his HIV-positive status to C.R. England.  After doing so, C.R. England prepared a form that any potential trainees would be required to sign before the trainer would be allowed to train the truck driver.  If the trainee did not sign the document, the trainer would not be permitted to train the trainee.  The first trainee presented with the document signed it, and the trainer began training him.  Various issues arose and the trainer ended up heading home in Florida after his request for “home time” was denied. 

The trainer sued, claiming that he was discriminated against when, among other things, CR England provided the disclosure document to the trainee.  The district court granted summary judgment against the trainer, holding that, given the only trainee ever presented with the disclosure document signed it, the trainer’s opportunities to train were never actually limited and the trainer suffered no adverse employment action.  The Tenth Circuit agreed, although noting several times that the disclosure document may have the potential to cause adverse employment action to be taken in different circumstances.

The case also involved several other interesting discrimination claims and issues.