Investigator sides with employee who says he was fired because he has HIV

Wednesday, June 21, 2000 | 8:16 a.m.

A former State Bar of Nevada employee has contended the agency fired him in 1998 because he tested positive for HIV.

Now a federal investigator is siding with Paul Ortiz, saying sufficient evidence exists to support the allegation.

Gary Peck, executive director of the American Civil Liberties Union of Nevada, announced the findings Monday.

Peck said Ortiz, a former lawyer referral and information service assistant, came to the ACLU for help more than a year ago and recently decided to make his story public.

Ortiz filed a charge of discrimination with the Equal Employment Opportunity Commission in March 1999. He claimed he was fired in August 1998 because of his disability.

A May 24 letter from Tulio Diaz, acting director of the EEOC's Los Angeles district office, states that "the preponderance of the evidence" supports Ortiz's claim. Diaz concluded that Ortiz had presented sufficient evidence to establish a violation of the federal Americans With Disabilities Act.

The State Bar denied the allegations by Ortiz and blamed the termination on poor job performance.

Bar spokeswoman Patty Blakeman added the EEOC has sent the organization its recommendations for a settlement and requested a response by the end of the week. "We're in good-faith negotiations with them," she said, declining further comment.

Ortiz' lawyer, Richard Segerblom, said he's expecting a settlement of about $100,000. He said the bar may pay more than that in attorney fees if it takes the case to trial.