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Two United Airlines pilots seek justice after the company
grounds them for being HIV positive
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by Stephen Chrysler
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wo gay airline captains have had a
their employees who get HIV.”
serious setback in their fight to change
Earlier this year, United mounted a moder
the policies o f their employer, United
ately successful public-relations blitz regarding
Airlines, regarding workers with HIV
the trial. Dr. Gary Kohn, the company’s corporate
or AIDS. The pilots, who were
medical director, met with a variety of AIDS
grounded for being HIV positive, struggled
to groups to profess United’s innocence of
advocacy
build a case against the airline that was scheduled
any wrongdoing. However, the airline offered no
for trial in December. However, United’s attor
reasonable explanation for not allowing the men
neys persuaded a U.S. district court to dismiss the
to work in ground positions or for freezing pay
case before the trial began. The pilots, Chris
and benefits. Connie Huff, United’s manager of
Prilliman and Paul Rafalowski, are appealing the
media communications, has repeatedly avoided
dismissal.
responding to the key issues in connection with
The pilots’ attorney, Peter Laura, said in a
this report. Huff played phone tag, eventually
Nov. 9 statement, “Judge Abraham Gorenfeld
scheduled an interview and then, days later, can
based his decision to dismiss the case on FA A
celed it seconds before it was to occur. Huff also
regulations, which he inter
preted to mandate the ground
ing of airline pilots with AIDS,
and on his belief that United
was not required to reasonably
accommodate the plaintiffs in
this case.”
Prilliman stated that the suit
is not about personal financial
gain. The pilots had filed suit
with no m onetary am ount
named, and were asking United
to institute retirement benefits,
commence training programs
about HIV issues, include
AIDS organizations in its pub
lic relations charity programs,
and most importantly, actively
assist those employees with
HIV or AIDS who still want to
work.
One month prior to the dis
missal, United had offered the
pilots $ 10,000 to drop the case.
Laura rejected the offer, ex
plaining that at that time “We
were looking forward to the
trial, and we were confident
we could get a good result from
the jury.”
On the day when Prilliman
was suddenly and permanently
grounded, in August 1994, Chris Prilliman
United also froze his final pay-
checks, canceled his stock op
United also froze Prilliman *s final pay-
tions and cut his health insur
ance. Prilliman said, “I felt like
checks, canceled his stock options and
I was tre a ted — once they
cut his health insurance. He said, “l felt
learned my HIV status— like a
common criminal, like a pa
like l was treated—once they learned my
riah. The feeling that I got, by
the harassment that I got, was HIV status—like a common criminal, like
just like, ‘Maybe it’ll push him
a pariah. The feeling that I got, by the
over the edge and he ’ 11 get sicker
and die and just go away.’ ”
harassment that I got, was just like,
Since beginning his battle
‘Maybe it'll push him over the edge
to be re tire d h u m an ely ,
Rafalowski ’s health has greatly
and he 'll get sicker and die and
deteriorated. His viral load has
shot up and cytomegalovirus
just go aw ay.' "
has infected his spinal cord,
ignored requests to respond in writing.
his eye and possibly his brain. Robust at the time
Prilliman expressed the hope that if United
of his dismissal, he is now mentally compromised
were to improve its treatment of employees with
and physically disabled. Rafalowski’s lover is
HIV or AIDS, other airlines would follow suit. In
angry at United’s actions and believes that the
addition to asking that people choose another
airline’s treatment, which included eight weeks
carrier when traveling, Prilliman and Rafalowski
of haggling over dental insurance, contributed to
suggest that those concerned about United’s bad
Rafalowski’s worsening health. Rafalowski’s
corporate citizenship contact the company’s CEO,
lover, who is a pilot at Delta Airlines said, “Delta
Gerald Greenwald, at (708) 952-5488.
is much more human and understanding towards
T