Are you a resident of San Francisco who is facing discriminatory treatment at your job because you are HIV positive? Were you fired by a San Francisco employer after they found out you were diagnosed with AIDS? From harassment to denial of work opportunities, those with HIV/AIDS can face many challenges when it comes to fair and equal treatment in the workplace.
Laws at the federal and state level protect workers from wrongful termination and other acts of discrimination for having a serious medical condition. However, the legal system is difficult to navigate for an employment case, and that’s why we encourage you to contact California Labor Law Employment Attorneys Group. Our HIV/AIDS discrimination attorneys can talk to you about your legal options and recover compensation for your monetary losses.
Are HIV and AIDS Considered a Disability?
Yes, HIV/AIDS may be classified as a disability under the Americans with Disabilities Act (ADA), which prohibits discrimination against disabled individuals in the workplace and other public areas of life. Title I of the ADA specifically focuses on employment discrimination and your right to file a claim with the Equal Employment Opportunity Commission (EEOC). Disability discrimination claims with the EEOC can include various circumstances, including:
- Refusing to hire someone because of a physical or mental disability
- Having job application procedures that are not accessible to those with a disability
- Failing to promote a disabled worker or give them access to other opportunities
- Wrongfully terminating an employee that has HIV/AIDS
- Demoting an employee or taking other negative employment actions because of a medical diagnosis
Per the ADA, a disability is any physical or mental impairment that poses significant limitations on your ability to perform one or more major life activities. This includes bodily function like sleeping, eating, and digestion, along with job duties that are essential to your employment. AIDS is a disease that severely reduces your body’s ability to fight off infection and disease, and this is why having HIV qualifies you for workplace protections under the Americans with Disabilities Act.
Reasonable Accommodations for HIV/AIDS
As someone with a disability, your employer is required to provide you with reasonable accommodations, which are changes or modifications in your work duties, your environment, or schedule. More specifically, you have the right to ask for accommodations that do not place undue hardship on your employer. So, your employer does have the right to say no if the accommodation you ask for is not feasible based on their budget, resources, and other relevant factors. However, they are required to engage with you and make whatever changes are possible, like working a different shift, eliminating non-essential tasks, working in another location or even remotely from home. Perhaps the layout in your office or work area can be changed to make it more accessible to you.
California also has laws that pertain to reasonable work accommodations for those with a serious illness, injury, or mental health disorder. Under the California Fair Employment and Housing Act (FEHA), employers cannot subject employees to less favorable treatment because they are HIV positive. In addition, they cannot fire employees that ask for accommodations within reason or ask for extended leave under the California Family Rights Act or the Family and Medical Leave Act. These are examples of retaliation for exercising one’s employment rights, which is illegal, just like discrimination.
If you have noticed that your employer’s treatment toward you is noticeably worse after you told them about your diagnosis, it’s time to speak with an HIV/AIDS discrimination lawyer in San Francisco. Our law firm is here to provide you with advice and guidance 24/7, so give us a call at your earliest opportunity.
What if I am Fired for Taking Medical Leave?
At some point after being diagnosed, you may need more time off from work than you had anticipated. This can happen when you suffer frequent episodes of fatigue, light-headedness, fevers, and other symptoms of AIDS. If you work for an employer with more at least 50 employees and meet the other eligibility requirements, you can ask for up to 12 weeks of medical leave within a period of 12 months under the Family and Medical Leave Act. This leave is unpaid and job-protected, so your employer cannot fire you for seeking or taking FMLA leave.
California also provides 12 weeks of job-protected leave for employers with 5 or more workers. Just like the FMLA, you are protected from job loss on the basis of taking extended leave you are qualified to receive under the California Family Rights Act. Sadly, some employers retaliate when they are told you need additional time off from work because your illness is getting worse. Instead of respecting your employment rights, they may try fire you, lower your rank in the company, deny you a bonus or promotion, and other decisions that are illegal. Our San Francisco wrongful termination can help you file a claim against your employer and ensure a just outcome if you were dismissed from your job because of HIV/AIDS.
Hire a Disability Discrimination Lawyer for $0
Decades have gone by since AIDS became widely known to the public in the early 1980s. In spite of all that we know about HIV and how it is spread, those with AIDS continue to be stigmatized in all areas of life, including the workplace. Our attorneys are proud to advocate for discriminated workers and ensure that employers are held responsible when they break the laws. As a worker or resident in San Francisco, you have rights against HIV/AIDS discrimination, and we are ready to fight for justice on your behalf.
Our legal team handles all cases on a contingency basis, and that means you pay $0 if you decide to go ahead with a disability discrimination claim against your employer. Our payment is based on obtaining a percentage of your settlement from a successful employment lawsuit. Clients are also covered by the Zero Fee Guarantee, so you do not owe anything if we fail to secure the compensation you deserve.
Our team of San Francisco HIV/AIDS discrimination lawyers can talk to you about your rights and legal options during a free consultation, so please take a moment to reach out to us.
