Torrance HIV/AIDS discrimination lawyer
While we have made leaps and bounds in medical advances for HIV/AIDS, there still remains negative stigmas surrounding the infection that continue to prevail. Sadly, those diagnosed with HIV/AIDS must endure these stigmas on a daily basis. Sometimes these negative stigmas are so strongly engrained in our society that employers fall to their grasps by discriminating against employees because of their HIV/AIDS. Being diagnosed with HIV/AIDS can take quite the toll on someone both mentally and physically. That is why our Torrance lawyers want to take a load off by representing you in a case against your discriminatory employer. If you have been discriminated against in the work place because of your HIV/AIDS, it’s time to reclaim your identity by showing your employer they cannot define your work abilities based on HIV/AIDS.
HIV/AIDS is a viral infection that is transmitted through sexual contact. It attacks the immune system, making it difficult to fight off infections. Symptoms often include fever, sore throat, fatigue, weight loss, night sweats, and recurrent infections. There is currently no cure for the disease, but anti-retroviral therapy has made those diagnosed with HIV/AIDS able to live prolonged lives. There are many laws that protect those with HIV/AIDS by creating equality in the workplace. It’s important to make sure you employer is not withholding or violating these rights from you.
What laws protect me from being discriminated against for having HIV/AIDS?
If you are an employee dealing with HIV/AIDS, you may qualify to be protected under the Americans with Disabilities Act (ADA). If you work at a company with at least 15 employees, then you are protected under this law. The ADA prohibits employment discrimination against anyone with a disability. HIV/AIDS is considered a physical disability because the ADA defines a disability as any mental or physical impairment that limits one’s ability to perform a major life activity. Major life activities are both general physical activities as well as major bodily functions. Since HIV/AIDS attacks the major bodily function of the immune system, according to the ADA, it is a disability. Examples of employment discrimination that is prohibited under the ADA are:
It is also illegal for an employer to limit, segregate, or classify an employee in a way that negatively affects their job opportunities or status because of a disability. So not only are you protected from being fired because of your HIV/AIDS status, but you are protected from many other unlawful employment practices that are discrimination based.
The California Fair Employment and Housing Act (FEHA) is one of California’s anti-discrimination laws that prohibits discrimination against anyone under a protected category in employment and housing. The FEHA covers any employee who works for a company with 5 or more employees. A mental or physical disability is one of the protected categories included. Since it’s already been determined that HIV/AIDS is a disability, if you have HIV/AIDS you are protected under this law. If you have been discriminated against at work because of your HIV/AIDS, then you will want to file a claim with either the Department of Fair Employment and Housing or the Equal Employment Opportunity Commission. One of our Torrance HIV/AIDS discrimination attorneys can help you with this process. It is also illegal for your employer to retaliate against you for filing a discrimination claim. If you have been retaliated against, you need to get in touch with one of our wrongful termination attorneys in Torrance.
Can I get reasonable accommodations for my HIV/AIDS?
The ADA also allows for those that qualify to receive reasonable accommodations from their employers. A reasonable accommodation is a change or modification in the work place that
California law also requires an employer to go through an interactive process if a reasonable accommodation is requested. This process is made to ensure employees with disabilities are able to access jobs they would otherwise be able to perform with an accommodation. The process consists of an assessment of the job and the disability in relation to the reasonable accommodation requested. Here are some possible examples of reasonable accommodations for an employee that is HIV/AIDS positive:
These are just examples, but also reasonable accommodations should be evaluated on a case-by-case basis. Your individual situation is unique from everyone else’s. It is illegal for your employer to fire you for requesting a reasonable accommodation. If you feel as if any of your rights have been violated in regard to your rights to a reasonable accommodation, you need to get in touch with one of our Torrance HIV/AIDS discrimination attorneys.
Can I sue my employer for HIV/AIDS discrimination?
It is important to let your employer know that they cannot discriminate against you because of your HIV/AIDS diagnosis. If you have had to endure such discrimination, you should begin by filing a claim against them. If you decide to pursue a lawsuit against your employer, you may be entitled to compensatory and punitive damages. Punitive damages are to punish your employer for particularly malicious discrimination. Compensatory damages are to recover out-of-pocket expenses and emotional harm. There are limits to compensatory and punitive damages one can recover based on the size of the company:
There’s clearly chances for you to gain monetary awards for the pain and suffering you have endured. Our Torrance lawyers will work their hardest to get you the most compensation as possible from an HIV/AIDS discrimination lawsuit.
Free Consultation and Zero Fee Guarantee
It’s important to fight back against those that adhere to archaic negative stigmas of HIV/AIDS. Your employer should know better than to make employment decisions based on a positive diagnosis. As an employee with HIV/AIDS you are entitled to all the same opportunities and benefits as any other employee. It’s time for you take on your employer with the help of one of our skilled Torrance HIV/AIDS discrimination attorneys. Give us a call to schedule your free consultation. You will be given free legal advice from one of the top-rated lawyers in Torrance. We also offer a zero fee guarantee which means we do not ask for any upfront costs to take on your case. We will not ask for any payments unless we win your case. If you are already working with a lawyer, you can still schedule a free second opinion with us. All you have to do is switch to one of our lawyers to gain the most compensation from your case.