HIV Discrimination

HIV in America

There are 1.2 million people in America who have HIV. In the past, HIV quickly progressed to AIDs and it was a death sentence. People know more about HIV today than they did in the pass. Unfortunately, people who have HIV still face discrimination. They may also face discrimination in the workplace.

The Legal Protection That People With HIV Have

There are many state and federal laws that are designed to protect people who have HIV in the workplace. The specific laws can vary from state to state. However, there are federal laws that cover every state. This includes the Equal Employment Opportunity laws and the Americans With Disabilities Act.

How Can Discrimination Occur?

There are several ways that discrimination can occur in the workplace. You can be discriminated against during the hiring process. You can also be fired because you have HIV. Additionally, you can be denied a promotion just because of your HIV status.

Overlapping Discrimination

There are many other forms of discrimination that you can incur in the workplace. Some of the different forms of discrimination that you can face include LGBT discrimination, disability discrimination, gender discrimination, transgender discrimination and marital status discrimination.

Is My Employer Allowed to Inquire About My HIV Status?

The Americans With Disabilities Act does forbid most places of employment from asking about your HIV status. It also forbids most potential employers from asking you to take a medical exam. However, there are some exemptions to this.

If you are required to take a HIV test, then your employer is required to make everyone take a HIV test. They are not allowed to single you out.

It is also important to remember that it is harder to transmit HIV than many other viruses. Direct contact with infected blood and sexual activity are the main ways that HIV are transmitted. That is why most jobs do not put people at risk for transmitting this disease.

Other Ways That You Can Be Hurt in the Workplace

Your employer is not the only one who can hurt you in the workplace. For example, you can be scrutinized because of your HIV status. You may also be the subject of slurs and jokes. Additionally, you could be excluded from events because of your HIV status.

Reasonable Accommodations That Have to Be Made

The American With Disabilities Act requires that all employers make reasonable accommodations for people who have disabilities. A reasonable accommodation is anything that makes it easier for you to do your job. For example, they can give you a task that is less physically demanding. They could also give you more flexible hours. Additionally, they can provide you with a support device.

When to Hire An Attorney

You should hire an attorney if you feel that you have been discriminated against in the workplace. Everyone deserves to be respected and treated with basic human decency. Your attorney can make sure that all of your legal rights are protected. They can also tell you about the remedies that you can use.

Free Consultation

Testimonials

Shortly after beginning medical school, I experienced some academic difficulties. After seeing my physicians, I was diagnosed with ADHD. After I started receiving specific treatment for ADHD, I requested the school to accommodate me for the disability as recommended by my physician. One of the requests made was for extended time to take my exams. The extension of time was granted...

~Kenneth Broodo, Esq.

Partner at Gardere Wynne Sewell LLP
I hired Lenard Leeds, Esq. to assist me with my wrongful termination. I was let go of my position because of my age. I was not only told to take a decrease in pay but also required to work fewer hours to do the same job. Additionally, they kept asking me “When are you going to retire?” I visited the...

~SanFranReview

I want to thank you again for assisting me in overseeing my issues with my employer. This is the second time I have used Lenard Leeds, Esq. to fight for me. This time I was a National Sales Manager of a drug company, where acts of discrimination based on my age, national origin and retaliation took place. Mr. Leeds and...

~Law Professor

Discrimination Case

$19 Million

Settlement Secured in a National Origin
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.

LONG ISLAND

One Old Country Road, Suite 347 Carle Place, NY 11514

516-873-9550

get directions

MIDTOWN MANHATTAN

570 Lexington Avenue, Suite 1600A New York, NY 10022

212-661-4370

get directions

DOWNTOWN NYC

101 Greenwich Street, 22nd Floor New York, NY 10006

800-585-4658

get directions
Call Now!