Walber Leonel v. American Airlines, Inc., Richard Branton v. American Airlines, Inc., Vincent Fusco v. American Airlines, Inc.

Appellants Walber Leonel, Richard Branton and Vincent Fusco, who all have the human immunodeficiency virus (“HIV”), applied for flight attendant positions with American Airlines (“American”). Although they went through the application process at different times, the process was essentially the same for all of them. American interviewed them at its Dallas, Texas, headquarters and then issued them conditional offers of employment, contingent upon passing both background checks and medical examinations. Rather than wait for the background checks, American immediately sent the appellants to its on-site medical department for medical examinations, where they were required to. fill out medical history questionnaires and give blood samples. None of them disclosed his HIV-positive status or related medications. Thereafter, alerted by the appellants’ blood test results, American discovered their HIV-positive status and rescinded their job offers, citing their failure to disclose information during their medical examinations.

The appellants, all California residents, now challenge American’s medical inquiries and examinations as prohibited by the Americans with Disabilities Act (“ADA”), 42…