An HIV-positive Chinese man yesterday lost his employment discrimination suit against an education department that denied him a teaching job because he had tested positive for HIV.

In the Chinese mainland's first employment-related HIV-discrimination case, a college graduate under the assumed name Xiao Wu filed a lawsuit against the education department in Anqing City in east China's Anhui Province.

Xiao's lawyers said they will appeal the decision to a higher court.

Prior to the decision, Xiao said: "If I lose the case, I will definitely appeal."

Li Fangping, one of Xiao's lawyers, said before verdict, "If we lose, the authority of the Employment Promotion Law will have been challenged and the rights of HIV-positive job seekers are threatened."

In its ruling, the Yingjiang District court said the city education department's hiring process abided by the state physical examination standard for civil servants and was, therefore, legal.

"There are no laws saying HIV-positive people cannot be teachers," Li said after the decision.

Wei Guo, attorney for the education department, said, "This is not about discrimination. The department performed its duty in accordance with the law."

Wang Gongyi, director of the justice research institute in China's Ministry of Justice, said, "The court's decision is reasonable as teaching is a very special occupation."

"An education department has the right to make a thorough evaluation before it hires someone," Wang said.

Ma Huaide, vice president of China University of Political Science and Law, said: "Employment discrimination cases are increasing in China. Social justice should be served and people protected in every way."

(Xinhua News Agency November 13, 2010)