{"id":9434,"date":"2019-02-22T22:28:36","date_gmt":"2019-02-22T22:28:36","guid":{"rendered":"https:\/\/www.losangelesemploymentattorney.org\/?page_id=9434"},"modified":"2025-12-11T23:57:07","modified_gmt":"2025-12-11T23:57:07","slug":"puede-mi-empleador-degradarme-por-vih-positivo-2","status":"publish","type":"page","link":"https:\/\/www.losangelesemploymentattorney.org\/es\/practice-areas\/wrongful-termination-lawyer\/can-my-employer-demote-me-for-hiv-positive\/","title":{"rendered":"I was demoted from my position after I told my boss that I was HIV-Positive"},"content":{"rendered":"

\"C\u00f3mo<\/a><\/p>\n

HIV, or human immunodeficiency virus, is a virus that attacks the immune system, thereby impairing your ability to fight off infection and disease. The virus is transmitted via bodily fluids, primarily blood, semen, and vaginal fluid. As the virus spreads throughout the body, you will gradually develop AIDS, or acquired immunodeficiency syndrome.<\/p>\n

While there is no cure for AIDS, antiviral treatment can slow down the progress and prolong your life span. In addition, the possibility of transmission is not a concern at most workplaces, and precautionary measures can be taken to protect people and accommodate the worker who is struggling with the disease. Unfortunately, some employers have preconceived ideas about people with HIV\/AIDS, or they simply do not wish to make accommodations for someone with a serious illness. That\u2019s why employees may be demoted, i.e., being assigned to a lower position or rank when the employer finds out about their illness.<\/p>\n

If you were demoted or faced other unlawful treatment because you tested HIV positive, contact our law firm immediately. A workplace discrimination lawyer can help you file a claim against your employer and seek compensation for your monetary losses.<\/p>\n

Protections for HIV Positive Workers under the Americans with Disabilities Act<\/h2>\n

The federal government\u2019s Americans with Disabilities Act prohibits discriminatory practices by an employer based on a disability or perceived disability. The ADA requires employers to make reasonable accommodations for disabled employees, meaning changes and modifications that do not place undue hardship on the employer. Examples of accommodations include more flexibility in the work schedule, switching to another shift \/ location, working from home, changing the office layout, and providing more rest breaks during the day.<\/p>\n

A disability, by the way, is defined by the ADA as a physical or mental impairment that makes it difficult for you to perform one of more major life activities. Under this definition, HIV\/AIDS qualifies as a physical disability, so your employer cannot demote you or take away your job if you tell them you are HIV positive. If you are facing any kind of harassment and discrimination at your job that is related to a medical diagnosis, you have the right to file an employment rights complaint against your employer.<\/p>\n

Ley de Vivienda y Empleo Justo de California<\/h2>\n

It\u2019s important to note that ADA protections apply in employment settings with 15 or more workers. So, if you work for an employer with less than 15 employees, are you left with no protections in the event you are demoted after telling your employer that you tested HIV positive?<\/p>\n

Not necessarily, as the California Fair Employment and Housing Act provides similar protections for employers with 5 or more workers. Under FEHA, employers cannot discriminate against employees and job applicants that have AIDS or tested positive for HIV. The law also makes it illegal for employers to retaliate against employees that assert their rights, like asking for reasonable accommodations and job-protected leave. So, if you were assigned to a lower position after you disclosed an HIV\/AIDS diagnosis to your employer, you may have grounds for a wrongful demotion lawsuit.<\/p>\n

Job-Protected Leave for HIV Positive Employees<\/h2>\n

As someone with HIV\/AIDS, you may be eligible for up to 12 weeks of unpaid, job-protected leave. At the federal level, you may qualify for protections under the Family and Medical Leave Act. You may also be entitled to medical leave according to the California Family Rights Act (CFRA)<\/p>\n

To seek leave time under the FMLA, you must work for a company that employs at least 50 people within a 75-mile radius. In addition, you must show that you worked for your current employer for at least 1,250 hours within the past year. With the CFRA, you must work for an employer with at least 5 workers, and your work hours within the past year must total at least 1,250.<\/p>\n

Because this is job-protected leave, your employer cannot fire you because you asked for time off from work under the FMLA or CFRA. You also cannot be punished with acts of retaliation, like demotion, loss of work privileges, and denial of bonuses and promotions.<\/p>\n

Help from a Los Angeles HIV\/AIDS Discrimination Attorney<\/h2>\n

As you can see, both federal state laws protect workers with HIV\/AIDS from unfair treatment at their job. But taking advantage of the laws and holding your employer accountable can be very difficult for the average claimant. With discrimination at workplace lawsuits, the process begins with a labor agency complaint, either through the state of California or the U.S. Equal Employment Opportunity Commission.<\/p>\n

The agency can choose to punish your employer on their own or give you the right to sue the employer directly. If you are allowed to file a lawsuit, there is a strict deadline that can range from 90 days to 1 year. Due to these and other concerns, make sure to consult an HIV\/AIDS workplace discrimination lawyer as soon as possible.<\/p>\n

P\u00f3ngase en contacto con nuestra firma de abogados<\/h2>\n

In spite of changing attitudes and increased education, many people with HIV and AIDS are subjected to social stigma and discrimination at their job. If you are in this situation, please take some time to explore your rights and legal options.<\/p>\n

Here at California Labor Law Employment Attorneys Group, we have a policy known as the Zero Fee Guarantee. With this system, we agree to represent you for $0 upfront. So, you pay nothing until we secure a settlement or jury verdict in your favor. In the event you are not compensated from a wrongful demotion lawsuit, you do not pay us a single cent in legal fees.<\/p>\n

For more information on suing your employer for HIV\/AIDS discrimination, reach out to us and schedule a free case evaluation.<\/p>","protected":false},"excerpt":{"rendered":"

HIV, or human immunodeficiency virus, is a virus that attacks the immune system, thereby impairing your ability to fight off infection and disease. The virus is transmitted via bodily fluids, primarily blood, semen, and vaginal fluid. As the virus spreads throughout the body, you will gradually develop AIDS, or acquired immunodeficiency syndrome. While there is…<\/p>","protected":false},"author":1,"featured_media":0,"parent":935,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"class_list":["post-9434","page","type-page","status-publish"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t