The Fourth Circuit recently ruled that the U.S. Air Force, for the time being, is not permitted to discharge active-duty service members who have tested positive for HIV. According to Bloomberg Law, these members were previously notified of their discharges and, as a result, have come forward with claims against the original ruling, challenging the policy under the Administrative Procedure Act.
Winston & Strawn partner Geoffrey P. Eaton serves as counsel to Richard Roe and Victor Voe, two airmen challenging the policy, and comments, “HIV is not, any longer, a disabling condition. It shouldn’t be stigmatized or singled out for unfavorable treatment.”
“This is not the end of this, it’s the beginning,” Eaton continues. “We still have to go back and prove the merits of our case, and with this ruling in hand, we’ll have a strong case to make.”
For more details on the U.S. Air Force’s recent ruling, read the full Bloomberg Law article. (Subscription required)