Can I Be Fired for Having Herpes?
The California Employment Attorneys Group knows that an employee’s employment status should have nothing to do with their conditions, and only their ability to perform the essential duties of the job. Our lawyers have helped many people through cases of discrimination and get asked many questions about such topic. Examples of such questions include:
- Can you legally be fired for having herpes?
- Can I be fired for having oral herpes or genital herpes?
- An employer did not hire me because I have herpes. Can I sue?
- Can I be discriminated against for having herpes?
- My boss fired me for having herpes. What are my rights?
- My employer fired me for having herpes. How do I file a lawsuit and how much can I get?
- What are the laws regarding herpes workplace discrimination?
- What are the laws regarding herpes discrimination in the workplace?
- I have cold sores on my lips due to herpes. Can I be fired for this?
- An employer asked me whether I have herpes at the job interview. Are they legally allowed to do that?
- I was denied a job because of having herpes. Is this wrongful termination? Can I sue?
Herpes is a viral disease that is transmitted sexually. While there is currently no cure, there are plenty of medications which exist in order to help the infected individual keep it under control. An employer cannot treat an employee differently, nor can they fire said employee if they learn about their condition. If you have any questions after reading this page, or if you would like a wrongful termination and discrimination lawyer to review your case and possibly sue your employer, you can always give us a call. Our attorneys will review all cases free of charge.
The Americans with Disabilities Act
The Americans with Disabilities Act (ADA) is an act that does not allow employers to discriminate against their employees with a disability. Under the ADA, the definition of a disability is broad and encapsulates many afflictions which may affect your personal life. “It is a person who has a physical or mental impairment that substantially limits one or more major life activities.” Such instances of a major life event include the ability to go to work and performing the essential job tasks. It ensures equal opportunity for persons with disabilities, public accommodations, transportation, and, of course, employment. Herpes and other STDs are covered under the ADA, so if you are affected by it, you have certain rights upon which your employer cannot infringe.
Employers are not allowed to discriminate against applicants or employees who have a disability, nor are they allowed to assume you have a disability. So if you have a disability and it is protected under the ADA, your employer cannot treat you any different than employees without a disability, and they cannot fire you based solely off of your disability. People with herpes are believed to be a danger to the health and safety of other employees, but it is easily contained and controlled. Once employers become aware of your disability, they must provide reasonable accommodation for you, the disabled employee, if you require it.
How to File a Lawsuit Against Your Employer
If you believe that your employer has acted unlawfully and discriminated against you for having herpes, you may have the legal grounds to file a lawsuit against them and collect damages to which you are entitled.
Before you file a claim against your employer, you must first file a charge with a government agency – either at the federal or state level. The federal agency which is responsible for ensuring that employers act fairly towards employees is the Equal Employment Opportunity Commission (EEOC). Every state has its own version of the EEOC, which the EEOC refers to as Fair Employment Practices Agencies (FEPAs). When you file a charge with one, a duplicate copy is sent to the other agency to avoid duplicate charges and keep everything organized.
You have 180 calendar days to file a charge from the day of the discrimination with the EEOC, if your state has different laws and you charged with your state’s FEPA, that is extended to 300 calendar days from the day you faced the discrimination.
Free Consultation and Zero-Fee Guarantee
The California Employment Attorneys Group is here to ensure you that you are not alone. There are two main questions that burn inside of people’s heads before they hire an attorney at law. The first question being, “Do I have a case?” It can be scary to press a lawsuit against your employer, and so it is important that you are sure that you have a strong case before you press a lawsuit and potentially lose quite a bit of money. Our Los Angeles lawyers are there for you every step of the way. We offer free consultations, which means that our lawyers at the California Employment Attorneys Group will take the time to sit down with you and listen to your complication. They will give you their initial thoughts on the matter, and tell you if they think your case is strong or if they are even interested in taking your case. You then have the option to hire us to represent you as your legal attorneys, or walk. Our main offices are in Los Angeles and our Los Angeles lawyers are available during business hours, you can come in with a prior appointment, or you can call us and our attorneys will be happy to help you.
The second question that people have is, “How much is hiring a lawyer going to cost?” Legal representation is not inexpensive, to sue your employer can potentially cost a lot of money. That’s why so many people are hesitant to acquire an attorney which can lead to further complications. Our zero-fee guarantee is a promise to you, our client, that we are here to represent you in the name of the law, not money. The zero-fee guarantee means that we will not charge you for our services unless we win the case. So unless you get what you believe you’re entitled to, you will not pay. This removes all of your financial risk and places it on us, so you know that you will receive legal representation from a team of attorneys who have your best interest at heart.
How to Contact us
If you believe that you have been discriminated against and your employer violated the law and infringed upon your rights, you are entitled to damages. Your employment should be based on your qualifications and your ability to perform the essential functions of your job, not a viral disease. Contact the California Employment Attorneys Group today by dialing the number on the top of this page or by sending us an email through our contact form.