HIV/AIDS is an infection that was not widely known until the early 1980s, giving rise to the term “The AIDS epidemic.” At that point, having HIV amounted to a death sentence, but today’s anti-viral treatments can slow down the disease’s progression and allow you to live a relatively normal life span. There is also increased education and awareness on how the virus spreads, which reduced the stigma and discrimination against those living with HIV or AIDS.
Your job is one area of your life where you should not be experiencing disability discrimination. Unfortunately, many employers are unwilling to show support and make changes that can help the employee succeed in their work environment. Such companies find excuses to fire the employee or take away opportunities and privileges they have rightfully earned. If you were wrongfully terminated or dealt with other discriminatory treatment by your employer because you are HIV positive, please contact the offices of California Labor Law Employment Attorneys Group.
What are the Laws that Protect Me from HIV/AIDS Discrimination?
One of the most important laws protecting those with HIV from job-related discrimination is the Americans with Disabilities Act (ADA). Legal protections concerning employment are in Title I of the ADA, and according to the law, employers cannot discriminate against those with a physical or mental disability when it comes to:
- Job application or hiring procedures
- Advancement and training opportunities
- Termination of employment
- Other adverse employment decisions, like demotion, suspension, and denial of bonuses
- Compensation and work-related and benefits
Sometimes, it can be difficult to tell if your employer is acting within the law, or if they are violating your rights to equal treatment under the ADA and other anti-discrimination laws, like the Fair Employment and Housing Act (FEHA). A conversation with an HIV/AIDS discrimination lawyer can make things clear for you and determine the right course of action if you are indeed a victim of illegal treatment at your job.
Please be aware that ADA protections apply when you work for a company with 15 or more employees. However, FEHA’s regulations on equal treatment of disabled workers apply in workplaces with 5 or more employees. So, there’s a very good chance that you are protected from discrimination based on having AIDS, even if you work for a small business.
Asking Your Employer for Reasonable Accommodations
HIV is a virus that attacks the immune system, which compromises your ability to fight off disease and infection. Over time, your symptoms will get worse and you may need accommodations to perform your job effectively. You have the right to ask for accommodations that are reasonable for your employer without the fear of losing your job and other acts of retaliation. Examples of reasonable accommodations for employees with HIV/AIDS include:
- Modifying a work schedule to accommodate medical treatments
- Allowing the worker to have more or longer breaks
- Eliminating non-essential tasks
- Moving the worker to another location or changing the office layout
- Allowing remote work options for certain days of the week
- Providing assistive technology devices
- Assigning the worker to a different role within the company
Coming up with accommodations that will help you is a collaborative process between you and your employer. It operates on the system of give and take, and what your employer is capable is providing is based on numerous factors, like the company size, what you do your employer, and the layout of the worksite.
In essence, your employer has the right to turn down a request for accommodation that would cause an undue hardship. However, they cannot flat our refuse to accommodate you or take away your employment because you asked for a more flexible schedule and other modifications. Employers must also provide workplace accommodations in a timely manner and not use stall tactics and other forms of manipulation in the hopes that the employee will give up. If you suspect that your right to reasonable disability accommodations was violated, contact us today and speak with a Sacramento HIV/AIDS discrimination lawyer.
Can I Ask for Medical Leave if I have HIV/AIDS?
Yes, if you need to take off to focus on your medical needs for a serious illness or injury, you may be eligible for up to 12 weeks of medical leave under the Family and Medical Leave Act. This is a federal law that provides you with 12 weeks of job-protected, unpaid leave if you work for an employer with at least 50 workers. Additionally, you must live within 75 miles of the worksite and accumulated 1,250 hours of work for the same employer within the past year.
If you work for an employer with a smaller workforce, you may qualify for extended medical leave under the California Family Rights Act. This is a California law that provides 12 weeks of leave for disability and other serious medical issues for up to 12 weeks within a 12-month period. Leave time under the CFRA and FMLA are job-protected, so your employer cannot fire you because you asked for leave, while you are out on leave, or once you come back to your job.
Pay $0 to Hire an HIV/AIDS Discrimination Lawyer in Sacramento
Stigma against individuals who test positive for HIV continues to be a problem in our society, and that includes discrimination by employers, whether you are applying for a job or worked at the same place for many years. Our lawyers will not stand and let employers get away with breaking the law. You have rights as a Sacramento resident or employee with AIDS, and our goal is help you get justice, no matter how long it takes.
You do not pay anything if you wish to hire us because we take takes all cases on contingency. We also provide all clients with the Zero Fee Guarantee to ensure they never pay out of pocket for legal services. The only payment that’s owed to us is a percentage of your settlement, so if we don’t secure compensation on your behalf, you owe us absolutely nothing.
Our legal experts are available to you 24/7, so contact us anytime and learn about your rights and legal options from a Sacramento disability discrimination lawyer.
