POINT MUGU : Worker With AIDS Virus Fights Firing

A civilian sheet-metal worker says he was unfairly fired from the Pacific Missile Test Center because he has the AIDS virus.

But test center officials said in a hearing last week that Robert Cruz, 34, was fired July 30 because “he had threatened bodily harm against three of his supervisors,” spokesman Gene Okamoto said.

Cruz tested positive for the HIV virus at a civilian clinic in 1987. In 1988, personnel at the base clinic discovered the diagnosis when Cruz went there for an unrelated reason, said Donald Manning, Cruz’s labor-relations advocate. When Cruz reported that he was taking a drug given to HIV-positive patients, the doctor knew Cruz had the virus, Manning said.

Because Cruz handled sharp pieces of metal as part of his job, the doctor--with Cruz’s consent--contacted Cruz’s immediate supervisor, Robert Briggs. He suggested that Cruz be transferred to a safer position, Manning said, where he would be less likely to cut himself and possibly spread the AIDS virus.

Cruz’s right to confidentiality was breached when two other supervisors also were notified of his condition, Manning said.

“The doctor, having no guidelines, thought he was protecting a whole group of workers,” Manning said.

The doctor, now stationed in Japan, was not available for comment.

Okamoto said Navy guidelines say that when a person tests positive, the commanding officer of the squadron or base is notified.

However, Diane Zanders, Point Mugu clinic public affairs officer, said all AIDS cases are kept confidential.

The clinic does not test civilians for AIDS, she said, but military personnel testing HIV-positive are not reported to their supervisors.

Under state privacy laws, no one may be notified of anything in a patient’s medical records without the patient’s consent.

On June 11, Cruz said his supervisors were discriminating against him and had excluded him from a pay bonus, Manning said.

“This is when they contend he made threats to his supervisor.”

Cruz said in Thursday’s hearing that he was upset but that he did not recall making threats.

Cruz was sent to see base physician’s assistant Thomas Rollins, who recommended that he see his family physician. Cruz was placed on leave, and while he was gone he was fired, Manning said.

Okamoto said Cruz was called in to the base on July 30 and fired “because of the serious nature of the threat against his supervisor.”

The base gives employees 30 days notice, so Cruz was paid through Aug. 30, Okamoto said.

Cruz, a Navy veteran, worked at the test center for five years before his dismissal.

A decision in the case is expected in December.