HIV/AIDS, human immunodeficiency virus and acquired immunodeficiency syndrome, are medical conditions caused by the transmission of a virus. The virus can spread through contact with infected semen, vaginal fluids, and blood. For the infected patient, they will start to develop flu-like symptoms (sore throat, fatigue, fever) because the virus attacks the immune system and impairs its ability to fight infections. Most people do not realize that they have HIV until it progresses to AIDS and the patient starts to have constant fatigue, recurring infections, night sweats / fever, and unexplained weight loss.
There is no cure for IADS, but individuals can still prolong their lives and slow down the progression of the disease with anti-retroviral therapy. In spite of all the education that is available on the disease, many people with HIV/AIDS face discrimination in the workplace. This type of discrimination is illegal under California law, and those who are affected may have the option of suing their employer.
At the end of the day, your employer cannot assume your abilities and value to the workforce on the basis of a medical condition. Victims of wrongful termination and other unlawful conduct by their employer should contact our law firm immediately, where they can learn about their rights during a free consultation.
Can I be Fired as Someone with HIV/ AIDS?
No, you cannot be fired solely on the basis of having HIV or AIDS, which is discrimination under the terms of the Americans with Disabilities Act (ADA). This law prohibits various forms of discrimination against disabled individuals by schools, public transportation, workplaces, and other areas / services.
Anti-discrimination laws relating to one’s employment are detailed in Title I of the Americans with Disabilities Act. ADA guidelines apply in workplaces with 15 or more employees, who are protected from discriminatory actions in the following areas:
- Hiring and job application procedures
- Compensation (salary rates, benefits, bonuses, etc.)
- Training opportunities
- Conditions and terms of employment, including work privileges
- Advancement opportunities
- Demotion or discharge
The ADA defines “disability” as a physical or mental impairment that places significant limitations on a person’s ability to perform major life activities, such as walking, driving, sleeping, communicating, and so forth. Because HIV/AIDS impairs your immune system, it meets the standard of a disability according to the Americans with Disabilities Act. That means you cannot be fired for having AIDS or HIV, nor can you be harassed, demoted, issued a pay cut, and other negative employment decisions due to a diagnosis of HIV/ AIDS.
Protections under the California Fair Employment and Housing Act
Another law protecting disabled workers from discrimination is the California Fair Employment and Housing Act (FEHA). This law prohibits employers in California from discrimination and retaliation against employees on the basis of:
- Race /color
- Ethnicity or nationality
- Creencias religiosas
- Being older than 40
- Having a physical or mental disability
- Gender / sex / gender identity
- orientación sexual
- Estado civil
- Información genética
- Veteran or military status
The protections in FEHA are broad and comprehensive, which is in line with California’s long-standing tradition of progressive employment laws. Please note that if you work for an employer with less than 15 employees and do not qualify for ADA protections, you may still be protected by FEHA. The anti-disability discrimination rules under FEHA apply to employment settings with 5 or more workers. Thus, just about any employer is required to comply with the rules that promote fair and equal treatment of workers with HIV or AIDS.
Can I Ask for Reasonable Accommodations?
Yes, if you are an employee who has been diagnosed with HIV/AIDS, you are allowed to ask for workplace accommodations that are within reason for your employer. A reasonable accommodation refers to modifications or addition in the work environment that makes it easier for a disabled employee to perform their job duties. Accommodations can also give disabled workers equal access to work opportunities, like promotions and other ways to advance within the company. Disability modifications may include:
- Flexible job schedule
- Option of working from home
- Modifying facilities at the job site to make them more accessible
- Using mobility aides and other devices for disabled employees
- Providing additional rest breaks
- Eliminating non-essential work duties
- Policies to protect workers with suppressed immune systems
- Mini refrigerators for medications and special dietary needs
- Counseling / therapy to help with stress management
- Space heaters, fans, and other devices to accommodate temperature sensitivity
What if I was Fired for Taking Time Off from Work?
Those with HIV/AIDS and other serious medical conditions may need extended leave from work. Many employees qualify for up to 12 weeks of job-protected leave under the following laws:
- La Ley de Derechos Familiares de California (CFRA)
- La Ley de Licencia Médica Familiar (FMLA)
Both laws allow for workers to have time off from work in order to focus on their own medical needs or that of an immediate family member or spouse. Leave can also be taken by employees after giving birth, placing a child in foster care, or adopting a child. Those with HIV and AIDS may need to leave work for a while due to their medical needs, treatments, and physical limitations. If you are eligible for FMLA or CFRA leave, you cannot be fired if you ask for extended leave or come back to work from taking leave.
In order to qualify for job-protected leave under the Family and Medical Leave Act, you must:
- Work for an employer with 50 or more employees within a radius of 75 miles
- Have worked for the employer for at least 1,250 hours in the past 12 months
You can also ask for up to 12 weeks of medical leave without fear of losing your job under the CFRA if you:
- Have worked for the same employer for at least 12 months
- Worked 1,250 or more hours within the 12 month-period prior to your request for CFRA leave
- Work for an employer with at least 5 workers.
If your employer has retaliated against you for taking time off to address your medical needs, you may be entitled to monetary compensation. If you were fired, demoted to a lower position, lost work benefits / privileges, subjected to bullying and harassment, and other unfair treatment because you have HIV/AIDS, please talk to our attorneys about the possibility of filing a discrimination lawsuit against your employer.
Los Angeles Lawyers that Specialize in HIV/AIDS Discrimination
Employment rights violations are common occurrences in all industries and workplaces throughout California. Workers with HIV/AIDS in Los Angeles may lose their job or face other kinds of discrimination by the employer. With help from an employment attorney, you can assert your right to equal treatment and pursue the legal options that are available to you.
If you are eligible for a discrimination lawsuit against your employer, you can depend on our legal team to handle every aspect of your case. Our commitment to you includes covering all legal expenses until the recovery of your settlement. That way, you are spared from paying any legal fees upfront, and you do not owe us anything if we fail to resolve the case in your favor.
To initiate the legal process with one of our attorneys, contact us at your earliest convenience and schedule a free case review.
