RSS Feed
Newsletter
World: HIV-positive Kenyan Woman Wins $35,000 in Lawsuit
July 12th, 2008HIV-positive Kenyan woman wins $35,000 in lawsuit.
An HIV-positive Kenyan woman, who sued her boss for firing her unfairly, won a landmark ruling and $35,000, reports the BBC. The court, in the first ruling of its kind in Kenya, decided that it was against the law for the company, Home Park Caterers, to dismiss 45-year-old waitress Jacqueline Adhiambo Ongur just because she has HIV. Ogur originally went to the hospital for chest pains, but says a doctor tested her for HIV without her permission. Then, in a move that goes against doctor-patient confidentiality, they told her boss that she was HIV positive before even telling her. The defendants, however, say they didn’t require her to be tested and that they didn’t even know she had the virus. But the proof was in writing, according to Ongur, who said that her pink slip stated she was fired for medical reasons and for not being able to do her job. The court ruled that both testing for HIV without consent and telling her employers her status were against the law. HIV and AIDS activists are inspired by the ruling her lawyers say was hard to come by since the country’s constitution does not clearly prohibit discrimination against HIV positive people. “It’s a lesson and a message to employers that people living with HIV and AIDS have got rights like any other person to work,” Inviolata Mbwavi, an activist, told the BBC. “It will bring up many people who have suffered at the hands of their insensitive employers to come out and know that the law protects them.” Ongur says she has not been able to get another job since being fired from Home Park Caterers, where she worked for eight years. Out of 32 million Kenyans, 2.5 million are now living with HIV or AIDS.
$35,000 was not enough i owuld have sued the hopsital first and second i would have sue the company i worked for whom terminated me. I woulod have been set for life. There is a such thing as HIPPA LAW, that mainly goes with hospitals and medical records. Baby i would have keep going because of the fact you can’t get a job because of this. You should have required more from all parties.
I agree with Chocolate. $35,000 is scrap compared to what they did. She cannot get another job because she is now labeled. Those nasty bastards should get sued again for breaking the confidentiality law!
I agree with Chocolate. I think she should have not so much the hospital; unless they knew about his actions and did nothing about it; but she should go after the doctor now. He did violate confidentiality and that he should be punished with huge fines from the state and medical board, he should serve some time in jail, and she should be awarded as much money as she can get out of him. Honestly, she should take him for everything he is worth, and then petition that his license be revoked or suspended. He should not be allowed to practice medicine if he is going to practice doing illegal actions.
That was not enough money for the breach of confidentiality that they exhibited. I hope she finds another job soon. The hospital should have paid up in the millions for the unapproved testing and breach of privacy.
Everyone is right 35,000 is not enough money but money cannot repay the pain she have suffer she need to sue the hospital,doctor so she will never have to work again in her life an God has a plan for all of us good she found out now she can take care of yourself an dont let the diease take you ,you take care of it an maybe next time his ass will think about opening his mouth telling someone business an the hosiptal needs to pay to make an example out of them so this wont ever happen to no one else again………
People… The judgement wasn’t nearly enough, but remember this happened in Kenya , Africa where I’m sure the laws are quite different.
I’m also sure $35,000.00 there is much different than here in America. Hopefully it will sustain her until she can find another job at least.
I dont believe Hippa privacy act applies to residents of Africa… But I wish this woman and every other person in the world living with this moster the best
She absolutely should get more money because her privacy was violated and her source of income was deleted. Surely the stress of being unemployed with no health insurance or means of support is increasing her health problems. $35,000 is peanuts. Even if HIPPA doesn’t apply in Africa…who is the hospital to provide such personal information to an employer? This is still 2008…they know better!
That’s all she won was $35,000 are you kidding me! Their laws must be very lax over there if the hospital was confident enough to out her status to her job without worrying about a serious backlash! OH HECK NO. BABY she needs to talk to some americans and find out who all she need to sue. In my opinion her lawyers have got to be working with the judge, and the hospital, and not for her all the way. Because how is her lawyer not going to inform her that she needs to be sueing for much more money and a whole lot more people than just her old job. Her lawyer is scandelous! She should have gotten millions of dollars. A hospital told her job her hiv status before they told her and now she can never work again because they outed her! Now hopfully this will get a new law in effect about pt privacy aka HIPPA. Thats wrong on so many levels!
There is no HIPPA Law in Kenya. But I do agree she should have recieved a lot more $$$$$$$, for the suffering and humliation that she is going through.
I agreed with chocolate,concerned,shon
I hope she gets another job because is still a human like everyone else.
she is a hero and it is a good start for litigation in the HIV human rights violations and discrimination against infected person. regreatably in Kenya we have the HIV Prevention and Control Act but it has notbeen given a commencement date and as such the courts cannotfully rellie on it in passing judgement. ogur you are a brave woman and you inspire me alot.
buy wellbutrin,buy prednisone,buy ambien,buy prozac,buy accutane,buy cipro,buy amoxicillin,buy clomid,buy diflucan,buy paxil
buy lexapro online – lexapro buy cipro online – cipro celebrex online – celebrex nexium online – nexium buy butalbital online – butalbital buy doxycycline online – doxycycline buy codeine – codeine order valtrex – valtrex buy zoloft online – zoloft clomid online – clomid
buy zithromax – zithromax xenical online – xenical buy levitra online – levitra ultram – ultram buy fioricet online – fioricet buy acomplia online – acomplia buy prozac online – prozac buy ativan online – ativan