| Abstract: | The late Dr. James Cullen of San Francisco had a four-year contract to perform physical exams on local FBI agents and job applicants. When the FBI learned that Dr. Cullen had AIDS, the San Francisco field office stopped using his services. An initial non-jury trial found that Dr. Cullen did not have private right of action to sue the Federal government, and that his evasive answers as to his state of health and risk of transmission had prevented the FBI from learning the extent of risk. Upon appeal by Dr. Cullen's estate, however, a Federal court determined that the FBI had terminated Dr. Cullen based on his HIV status, not on the quality of his work. The FBI's actions violated the 1973 Rehabilitation Act barring government-funded programs from discrimination based on disability. |
