HIV and AIDS Disability Discrimination
From the moment scientists identified HIV and AIDS, social responses of fear,
denial, stigma and discrimination have accompanied this medical challenge.
Unfortunately AIDS and HIV discrimination, whether direct or indirect,
intentional or not - occurs far too frequently in the workplace. Those people
living with the virus may experience ostracism, a demotion in position or
responsibilities, or other adverse actions because of an employer's inaccurate
perceptions of the condition and biases against people struggling with immuno-
suppression. Common misconceptions regarding people with HIV/AIDS
include critical assumptions about the employee's past or present lifestyle and
the inaccurate, yet surprisingly persistant fear that AIDS is communicable
through casual contact. Infected women, especially those who have or want to
have children, tend to face harsher and more intense scrutiny in general and in
the workplace.
Employers are not permitted to degrade the terms, conditions or benefits of your
employment as a result of your disability or their perception that you are
disabled by HIV status. You are entitled to equal and fair treatment in the
workplace; having HIV or AIDS does not take that right away.
Several laws have been passed that protect those living with HIV/AIDS, and
other disabilities, from employment discrimination:
* The Federal Vocational Rehabilitation Act of 1978, which prohibits
employment discrimination against an "otherwise qualified individual with
handicaps."
* The Americans with Disabilities Act of 1990 (ADA), which prohibits
discrimination in employment on the basis of a person's disability, and which
requires employers to make "reasonable accommodations" for qualified
individuals with disabilities.
* The Family Medical Leave Act of 1993 (FMLA), which applies to companies
with 50 or more staff/workers within a 75-mile geographic radius. Eligible staff/
workers may take leave for serious health conditions or to provide care for an
immediate family member with a serious health condition—including HIV/
AIDS.
* The Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA),
which allows staff/workers to continue their health insurance coverage at their
own expense for a period of time after their employment ends.
* The Health Insurance Portability and Accountability Act of 1996 (HIPAA),
which attempts to address some of the barriers to healthcare facing people with
HIV as well as other vulnerable populations. (Source: Center for Disease
Control)
* The New York State Human Rights Law prohibits discrimination against
people with a disability, including people with HIV/AIDS.
* The New York City Human Rights Law also prohibits discrimination against
people with a disability, which includes those living with HIV/AIDS.
Living with HIV or AIDS is daunting enough--you shouldn't have to also deal
with the regressive biases of your employers or colleagues.
