Chicago Public School teacher claims HIV made him tardy to class, school too big

School too big for teacher with HIV? Von Humboldt Elementary School. Photo: Google Maps.

Jumeck Smith, an African American, HIV positive school teacher at Von Humboldt Elementary School, 2620 West Hirsch Street, has filed a lawsuit seeking $325,000 in damages.

Smith's complaint alleges he was given special permission to clock in several minutes past his designated 8 a.m. start time, because of his "disability".

Smith claims the school's principal, who is listed as Alexandra Guilamo on the school's website, repeatedly cited him for being late.

Smith’s attorney, Christopher Cooper, said the HIV+ teacher was reprimanded 15 times, within the first three weeks of September.

In a Chicago Tribune article, smith's lawyer attributed his client's excessive tardiness to the size of the school building.

"It's a long building and he has to walk a bit of a distance. And I'm not an expert on HIV issues, but I think it takes him a long time to do something that you or I could do very simply," said Attorney Christopher Cooper, to the Chicago Tribune.

Smith, who is currently on a leave of absence, has also accused the school's administrator of racial discrimination and creating a hostile work environment.

Question: Should employees with HIV be allowed to show up late for work, even if they are only 5 minutes late? Or should they get up earlier and get to work on time?