Friday 19 January 2018

Discrimination Against People with HIV & AIDS

Americans who live with HIV or AIDS tend to face discrimination on the basis of their health in various aspects of their lives, including employment. However, federal as well as state laws across the US protect individuals against such forms of discrimination. 

HIV & AIDS qualifies as a disability under the Americans with Disabilities Act (ADA). Even if the condition is asymptomatic, the employers cannot discriminate on that basis. 



Here are a few more points as elaborated by Karen DeSoto
  • The law states that even if an individual is perceived to have developed AIDS or be HIV-positive, the law protects them from any kind of workplace discrimination. 
  • All public employers as well as private employers that have hired over 15 employees are expected to respect this law. This means that companies to which this law is applicable cannot discriminate during hiring, firing, application procedures, assignment of jobs, promotions, training, and in the provision of benefits and salaries. 
  • If an individual meets the legitimate employment requirements and is able to perform all the critical functions mandatory to fulfil the position with or without reasonable accommodation, he or she is protected by the ADA. 
  • A reasonable accommodation refers to modifications that aren’t too difficult or expensive to provide for in comparison to the capacity of the employer. However, a potential loss of co-workers or customers because of the health status of an employee does not constitute of an undue hardship.

Employees who feel that are being discriminated against because of their HIV & AIDS status can file a complaint with the closest Equal Employment Opportunity Commission Office within 180 days of the incident. 

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