China Court Hears First HIV Discrimination Suit

The Chinese mainland's first court case concerning discrimination against a HIV positive jobseeker began Wednesday in east China's Anhui Province.

The trial involves a college graduate in Anqing City who was denied a teaching job because he is HIV positive.

The hearing in the Yingjiang District Court was closed to the public out of privacy concerns.

The plaintiff, going by the alias Xiao Wu, did not appear in court, while the defendant, Anqing City Education Department, was represented in court by an attorney, according to court sources.

After fierce debate between the attorneys of both sides, the court adjourned before noon. The judge did not say when a verdict will be handed down.

The attorneys' arguments focused on whether the physical examination criteria for teacher recruitment should be the state physical examination standard for civil servants, which do not allow any person suffering from an sexually transmitted disease from working as a civil servant.

The lawyers for the plaintiff argued that since teachers are not civil servants the criteria for teachers should not be the civil servant standards.

The Anqing City Education Department refused Xiao Wu, in his early 20s, a teaching job in August after he tested positive for HIV.

Wu Gonghua, deputy head of the department, told Xinhua prior to the hearing that a HIV test is given to all seeking to work as teachers in the province, adding that every teaching job applicant is informed about related physical examination criteria before the medical test.

If a jobseeker participates in the physical examination, it means he or she has agreed to the relevant conditions, Wu said.

Several parents of students at a primary school opposite the city education department told Xinhua on the condition of anonymity they would not tolerate HIV carriers teaching at their children's school.

Attorneys for both the plaintiff and the defendant turned off their cell phones and were not available for comment Wednesday afternoon.

Plaintiff Xiao Wu rejected any interview request from Xinhua Wednesday.

According to Wednesday's China Daily, which was printed prior to the hearing, Xiao, who declined to reveal how he contracted HIV, said he felt he was fighting for himself and others in a similar situation who dared not demand their rights out of privacy concerns.

Yu Fangqiang, a coordinator from the Beijing Yirenping Center, a non-governmental organization that promotes welfare, benevolence and equality, has been helping Xiao since he filed the case, according to China Daily.

"Xiao is not the only one suffering from job discrimination as a HIV victim," Yu was quoted by the newspaper as saying. "Yet none of them have turned to the courts as the risk of revealing personal information could be devastating."

During the past month, the media have tried to interview Xiao, disrupting his life. Xiao said he is scared of being exposed to the media spotlight. Hospitals and his lawyers are trying to keep his identity secret.

"What scares me most is that people around me may know that I am HIV-positive," he was quoted by the newspaper as saying. "I am from a very small place. People would gossip about me on the streets or in restaurants if they knew my identity. It is really scary."

"At first all I wanted was to have this job and be a teacher, which is a legal right for me," he said. "Now I am worrying whether I would take the job even if I win the case. Everyone in the education department might know that I am HIV-positive. And the city will know sooner or later. I cannot even think about the pressure."

According to official statistics, there are an estimated 740,000 HIV-positive people in China while another 50 million are considered at high risk.

(Xinhua News Agency October 13, 2010)