HIV is a viral infection that kills off your white blood cells, thereby reducing your immune system’s ability to fight off disease and infections. When your immune system is seriously compromised, you are at greater risk of illnesses on a frequent basis. The HIV virus is spread through sexual contact or sharing of needles with infected individuals. Babies can also contract HIV from their mothers during the pregnancy, during birth, or through breastfeeding.
Left untreated, HIV can progress to AIDS (acquired immunodeficiency syndrome), though the progression of the disease can take between 8 to 10 years from the time one is infected with HIV. As someone with HIV or AIDS, you may be subjected to workplace discrimination by your colleagues and supervisors. Adverse treatment of workers on the basis of a disability is illegal under state and federal laws. You can fight back against the abuse from your employer with help from a Glendale HIV/AIDS discrimination lawyer. Contact California Labor Law Employment Attorneys Group today to discuss your rights and legal options.
What Legal Protections Do I have against HIV/AIDS Discrimination?
Various laws exist to protect you from discriminatory treatment by your employer. For example, the Americans with Disabilities Act (ADA) prohibits unequal treatment of workers based on a temporary or permanent disability. So, your employer cannot fire you for having HIV/AIDS or needing reasonable accommodations because of your illness. Aside from losing your job, here are some other examples of discrimination against employees with a serious health condition:
- Demoting a worker after finding out about a medical diagnosis
- Excluding someone with HIV from job opportunities (work privileges, promotions, bonuses, etc.)
- Assigning the employee undesirable tasks or hours
- Allowing coworkers to make unwelcome / offensive comments about the worker’s diagnosis (toxic work environment)
Is Having HIV a Disability?
Yes, HIV/AIDS is legally classified as a disability according to laws like the Americans with Disabilities Act. The ADA defines “disability” as a physical or mental condition that impairs one’s ability to perform major life activities. Life activities include tasks and actions that may be associated with your job. They also refer to bodily functions like sleeping, circulation, regulation of body temperature, and motor coordination. Because HIV and AIDS have a direct impact on your immune system, it meets the standard of a physical disability.
Under the ADA, your employer may be required to provide you with reasonable accommodations upon request. To put it another way, you may need certain changes and modifications in your schedule, job duties, and work environment. It’s important to note that the accommodations you ask for are reasonable for your employer and your role within the company. As someone with HIV/AIDS, here are some examples of accommodations that can help you in the workplace:
- Adjustments in the work schedule to allow for hospital appointments
- Longer or more frequent rest breaks
- Assistive readers and other technology if the employee’s vision is affected by HIV
- Ergonomic office furniture to help with pain and discomfort
- Changing the worker’s desk / office location to the first floor or some other area that’s more convenient
What if My Employer Refuses My Request for HIV/AIDS Accommodations?
You can make a request for reasonable accommodations verbally, though we advise that you do so in writing to ensure there is an accurate record for both parties. No matter what, your employer cannot outright refuse to provide modifications that can help you as a disabled employee. They must engage with you in an active and transparent discussion, and accommodations that are approved must be initiated in a timely fashion. Many employers have a process for evaluating your position, your disability, and other relevant factors to determine if an accommodation is within reason.
California has several laws that prohibit discrimination of workers with physical or mental health conditions. These include the Unruh Act, the Disabled Persons Act, and the Fair Employment and House Act (FEHA). If your employer has refused to hear you out on accommodations that can help you in the workplace, you should contact us to explore the option of filing an HIV/AIDS discrimination complaint.
Can I be Fired if I Ask for Medical Leave?
As your disease gets worse, you may need to take extended leave from your job. Many workers are afraid that they will be fired during this time, and yes, this is a possibility since California is an at-will employment state. However, you cannot be fired or subjected to other adverse employment decisions solely on the basis of needing medical leave.
There are 2 laws that provide up to 12 weeks of job-protected leave for workers with HIV and other illnesses / injuries. If your employer has 50 or more workers within a 75 mile radius, you may be eligible for unpaid leave under the Family and Medical Leave Act (FMLA). If your employer has 5 or more workers, you can seek long-term medical leave under the California Family Rights Act (CFRA). Additionally, you must have worked at least 1,250 hours for your current employer within the past 12 months.
Upon requesting up to 12 weeks of job-protected leave, your employer has the right to ask for certification of your health issues. In the certification, your doctor must provide the following information:
- The date of your diagnosis
- How long you are expected to have the condition
- How much leave time you will need
- A statement that you are unable to do your job because of your condition
- What type of treatment is required
- A statement about your need for a reduced work schedule / periodic time off
Your employer also has the right to ask that you use any available PTO (sick and vacation days) before taking leave time under the CFRA or FMLA. This is an important consideration, since FMLA / CFRA leave is unpaid. However, it is illegal for your employer to fire you because of your need for time off to focus on medical treatments – unless there is reason for termination that’s based on your work performance.
Disability Payments from the State of California
One major disadvantage of FMLA or CFRA leave is the fact that you will go without a paycheck during this time. However, you may qualify for benefits under the California State Disability Insurance program. This is a form of short-term wage replacement benefits that you pay into via payroll deductions. The benefits are for anyone with an injury or illness that is not work-related. Currently, over 18 million Californians are covered by the state’s SDI program, and those who qualify can receive up to 52 weeks of payments.
Based on the severity of your illness, you can also look into Social Security Disability from the federal government. If you are unable to work for over a year due to your health condition, or you have a terminal disease, you can obtain benefits through SSDI. Our HIV/AIDS discrimination lawyers in Glendale can explore all the available options with you during a free case review.
Garantía de tarifa cero
Glendale workers who are dealing with discriminatory treatment need skilled representation from a California employment attorney. With that in mind, please take a moment to contact the offices of California Labor Law Employment Attorneys Group.
Our attorneys will represent you on contingency, which means we do not get paid until the recovery of your settlement. So, you do not pay us anything upfront if you wish to pursue an HIV/AIDS discrimination lawsuit. Clients also receive the Zero Fee Guarantee form day one, so you have the assurance of knowing you pay $0 if the case is not settled in your favor.
We are ready to hear your story and fight for the justice you are entitled to. Give us a call to learn how you can take legal action against your employer.
