Do People with AIDS and HIV Have Legal Protection against Discrimination?
People with AIDS and HIV have legal protection against discrimination in the United States under the Americans with Disabilities Act (ADA). The ADA is a federal law that prohibits discrimination against people with disabilities, including those with HIV/AIDS. The ADA protects people with HIV/AIDS from employment, housing, and public accommodations discrimination.
Additionally, some states have laws that provide additional protections against HIV/AIDS discrimination.
For example, California has the Fair Employment and Housing Act (FEHA), which prohibits discrimination against individuals with HIV/AIDS in employment, housing, and other areas. FEHA also requires employers to make reasonable accommodations for individuals with HIV/AIDS, such as allowing flexible work schedules or modifying job duties.
Similarly, New York has the New York State Human Rights Law, which prohibits discrimination against individuals with HIV/AIDS in employment, housing, and public accommodations. The law also prohibits harassment and retaliation against individuals who exercise their rights under the law.
What Does the Americans with Disabilities Act (ADA) Guarantee For People with AIDS and HIV?
The Americans with Disabilities Act guarantees protections for people with AIDS and HIV. Under the ADA, HIV, and AIDS are considered disabilities, and individuals with these conditions are entitled to the same protections as individuals with other disabilities.
The ADA prohibits discrimination against people with disabilities in employment, housing, public accommodations, and other areas. Individuals with HIV and AIDS cannot be denied employment or promotion opportunities, fired, or otherwise treated unfairly because of their HIV or AIDS status.
The ADA also requires employers to make reasonable accommodations for individuals with disabilities, including those with HIV and AIDS, to allow them to perform the essential functions of their job. Examples of reasonable accommodations for individuals with HIV and AIDS may include flexible work schedules, modified job duties, or time off for medical appointments.
Additionally, the ADA prohibits employers from asking job applicants about their HIV or AIDS status before making a job offer. Employers are only allowed to ask about an applicant’s ability to perform the job’s essential functions.
Under the ADA, people with HIV and AIDS also have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) if they believe they have been discriminated against in the workplace. The EEOC investigates these complaints and may file a lawsuit on behalf of the individual if it is determined that discrimination has occurred.
What Employers Do the Equal Employment Opportunity Laws (EEOP) Cover?
Equal Employment Opportunity laws (EEOP) cover all employers with 15 or more employees, including private employers, state and local government agencies, employment agencies, and labor unions. The EEO laws prohibit discrimination against individuals based on their race, color, religion, sex, national origin, age, disability, or genetic information.
These laws apply to all aspects of employment, including hiring, firing, promotions, pay, and other employment-related decisions. Employers must treat employees and job applicants fairly and without discrimination, regardless of race, color, religion, sex, national origin, age, disability, or genetic information.
Can Having AIDS or HIV Prevent Me From Being Hired at a New Job?
In terms of hiring for a new job, having AIDS or HIV cannot prevent an individual from being hired as long as they are qualified for the position and able to perform the job’s essential functions with or without reasonable accommodations.
Can My Potential Employer Ask Me About My HIV Status?
Employers are prohibited from asking job applicants about their HIV or AIDS status before making a job offer, and any medical information obtained during the hiring process must be kept confidential.
Once a job offer has been made, an employer may ask about an applicant’s medical history or require a medical examination, but only if this is required for all applicants in the same job category.
My Significant Other or Family Member Has AIDS or HIV. Do I Have Legal Protection From Discrimination Towards Me Because of Their Illness?
The ADA provides legal protections for people who are associated with someone who has HIV or AIDS, including spouses, partners, family members, and caregivers.
Under the ADA, it is illegal for employers to discriminate against an employee or job applicant based on their association with someone who has HIV or AIDS. An employer cannot refuse to hire, promote, or provide benefits to an employee or applicant because they have a family member with HIV or AIDS.
In addition, the ADA prohibits harassment of an employee or job applicant based on their association with someone with HIV or AIDS. This includes offensive remarks, insults, or other actions that create a hostile work environment.
The ADA only applies to employers with 15 or more employees, but if you experience discrimination or harassment from a smaller employer, you may still have legal recourse under state or local laws.
If you believe you have been discriminated against or harassed based on your association with someone who has HIV or AIDS, you may file a complaint with the EEOC. The EEOC investigates these complaints and may file a lawsuit on your behalf if it is determined that discrimination has occurred.
I Have Been Discriminated Against. Do I Need an Attorney to Pursue My Claim?
If you believe you have experienced employment discrimination based on your HIV or AIDS status or your association with someone who has HIV or AIDS, seek the advice of an experienced discrimination lawyer. A discrimination lawyer can help you understand your legal rights and options, including filing a complaint with the EEOC or filing a lawsuit against your employer. A discrimination lawyer can also negotiate with your employer or represent you in court.
Don’t let discrimination go unchallenged. Contact a discrimination lawyer today to discuss your case and take action to protect your rights.
LegalMatch’s online legal matching service can connect you with a qualified discrimination lawyer who can assist you with your employment discrimination case related to HIV or AIDS. With LegalMatch, you can submit your case details and be matched with a local lawyer who has experience handling discrimination cases.
LegalMatch offers a free initial consultation with your matched lawyer, which allows you to discuss your case and evaluate your legal options. This consultation can help you understand the strengths and weaknesses of your case, as well as the potential outcomes and costs involved.
In addition to matching you with a qualified lawyer, LegalMatch provides information and resources to help you understand your legal rights and options, including articles and guides on employment discrimination, as well as information on the ADA and other laws that protect individuals with HIV or AIDS.
If you are experiencing employment discrimination based on your HIV or AIDS status or your association with someone who has HIV or AIDS, LegalMatch can help you find the right lawyer to represent you.
