Security guard fired after HIV disclosure, suit claims

A Portsmouth man has accused a security company of firing him because he is HIV-positive. His suit was filed Wednesday in U.S. District Court in Norfolk.

The man, Carlos Weatherspoon, worked as a security guard for DECO Security Services Inc. at Norfolk Naval Shipyard in Portsmouth from January 2006 to October 2007.

He was fired "fairly suddenly after his ultimate supervisor learned of his HIV status," said Norfolk attorney Lisa Bertini, who is representing Weatherspoon, on Thursday. "We believe the essential functions of the job were able to be performed by him regardless of his HIV-positive status."

The suit says his firing violated the federal Americans with Disabilities Act, the Virginia Human Rights Act and the Code of Virginia. "People with disabilities are protected as long as they can perform the job," Bertini said.

The suit is seeking at least $300,000 in damages.

Calls to DECO's Norfolk office and headquarters in Minnesota were not returned Thursday.

Philip Walzer, (757) 222-3864, phil.walzer@pilotonline.com