It’s estimated that 1 in 5 people in the U.S. have a sexually transmitted infection (STI), and many of these people live in fear or being stigmatized by family and friends, and even fired from their job. The idea of losing a job over a medical condition is something no one wants to think about, but it happens more often than most people realize.
If you were fired after testing positive for herpes, your employer may have violated your rights under state and federal labor laws. If you lost your job recently and suspect that it has to do with your medical diagnosis, you may be wondering about the legal options that are available to you. The legal experts of California Labor Law Employment Attorneys Group are here for you 24/7, and we are more than happy to meet with you for a free consultation. For advice and guidance from a California wrongful termination lawyer, don’t hesitate to give us a call.
Your Privacy Rights in the Workplace
Herpes causes the development of painful sores and blisters, typically in the mouth and genital area. Patients can have genital or oral herpes, and herpes that affects the genitalia are caused by one of two viruses: HSV-1 or HSV-2. There are times when you may not have any symptoms, but when you do, you may experience swollen lymph nodes, fever, and body aches, along with sores and blisters.
Herpes is one of the most common STIs in the world, and it’s believed that one out of every 6 people between the ages of 14 to 49 have genital herpes. But this is based by reported, known cases, meaning that the actual number could be larger. The herpes virus can be transmitted through oral, vaginal, and anal sex, and you can still contract the virus even if your partner does not have any symptoms.
If you are diagnosed with herpes, you may have questions on whether or not to disclose this information to your employer. Per the law (California Health and Safety Code 120600), failing to disclose the fact that you have an STI to a sexual partner is a misdemeanor. Penalties can include monetary fines that you are ordered to pay to the victim or victims. However, you are not required to disclose information about an STI to an employer.
What happens if my employer finds out that I tested positive for herpes?
In the event your condition is discovered by your employer, the laws prohibit them discriminating against you or taking away your employment because of your diagnosis. Of course, they can still fire you for another reason, like poor job performance, but they cannot subject you to harassment and negative employment decisions solely on the fact that you have herpes or any other STI.
If your employer has terminated you after finding out that you have herpes, you should contact us immediately to see if you are a victim of wrongful termination.
Laws Prohibiting Termination Due to a Medical Condition
California is one of the most progressive states when it comes to legal protections for the worker. This includes anti-discrimination laws that prohibit employers from terminating someone based on a protected characteristic. A protected characteristic under the Fair Employment and Housing Act (FEH) includes race, color, nationality, pregnancy / childbirth, religion or creed, sexual orientation, gender or gender identity, age, marital status, military status, disability, and genetic information.
Specifically, we are looking at how herpes falls under the category of a physical disability, which is defined by FEHA as a prolonged physical illness, injury, disorder, etc., that limits on or more major life activities or bodily systems (like your reproductive organs). It is illegal for employers to discriminate or retaliate against employees with a physical or mental disability, which includes taking away their employment. Employers are also forbidden from making other adverse employment decisions, like pay cuts, demotion, suspension, denial of advancement opportunities, and taking away job-related benefits.
It’s important to note that protections under FEHA apply only to businesses and companies with 5 or more employees. So, if you work for a small business that employs less than 5 people, you may not be covered under the state’s anti-discrimination laws. However, it’s safe to say that most workers qualify for these protections.
It’s essential to have a thorough understanding of FEHA and how it applies to your situation as a terminated employee. If there is a violation of FEHA by your employer, you can start the legal process by filing a claim with the California Civil Rights Department (CRD). If the agency finds your evidence credible, you may have the right to go ahead with a lawsuit for disability discrimination. At that point, you should look for a California attorney that specializes in wrongful termination and other illegal treatment in the workplace.
Help from an STI Discrimination Attorney
If you want to pursue a labor law violation case for termination after testing positive for herpes, make sure to contact the offices of California Labor Law Employment Attorneys Group. A qualified herpes discrimination lawyer can help you understand your rights and the legal actions you can take against an unjust employer. From gathering evidence for a claim to negotiating a settlement for your monetary losses, we will be here to guide you every step of the way. Please take a moment to reach out to us and schedule a private case review, completely free of charge.
Zero Fee Guarantee
There in no way to completely break down the stigma that surrounds STIs and people who suffer with these conditions. However, you are entitled to fair and equal treatment in the workplace in spite of a physical or mental disability, and this is the principle that motivates us on a daily basis.
The Zero Fee Guarantee is a big part of our commitment to workers who lose their jobs through no fault of their own. Under this policy, we do not ask you to pay out of pocket when you hire us. Legal fees are paid by the employer as long as the case is settled in your favor. So, we receive compensation at the same time you do, and if we don’t win your case, you do not suffer any losses to your finances.
To discuss the possibility of suing for wrongful termination after your employer found out you had herpes, contact our law firm today.
