Employment Discrimination and HIV Status

Job applicants and employees in Florida have legal protections against discrimination on the basis of their human immunodeficiency virus (HIV) status. To be clear, if you have HIV or acquired immunodeficiency syndrome (AIDS), even if the virus is asymptomatic, you cannot be treated unfavorably by a prospective employer or a current employer. Further, in most circumstances, you cannot be required to take an HIV test as a condition of being hired for a specific job in Florida or being promoted or receiving other benefits. In short, discrimination on the basis of HIV status is largely understood to be a form of unlawful disability discrimination, and you should discuss your options if you believe you have faced this type of discrimination. An experienced South Florida disability discrimination attorney can tell you more.

Florida Civil Rights Act and Employment Protections Regarding HIV Status 

The Florida Civil Rights Act (FCRA) clarifies that having HIV is a form of disability, and any job applicant or employee with HIV or AIDS has the same protections as any other job applicant or employee with a disability.

In addition, the FCRA specifically prohibits an employer from requiring information about a job applicant’s or employee’s HIV status in order to make employment-related decisions. Here is what the law says:

“No person may require an individual to take a human immunodeficiency virus-related test as a condition of hiring, promotion, or continued employment unless the absence of human immunodeficiency virus infection is a bona fide occupational qualification for the job in question.”

The FCRA covers employers in Florida with 15 or more employees. If your employer or prospective employer is not covered, you may have other options that you should discuss with a lawyer.

Americans with Disabilities Act and HIV/AIDS Protections 

Under federal law, the Americans with Disabilities Act of 1990 (ADA) recognizes having HIV or AIDS as a disability, regardless of whether the virus is asymptomatic. It also provides protections to employees who are perceived to be HIV-positive or to have AIDS.

The Civil Rights Division of the US Department of Justice says: “Persons with HIV, both symptomatic and asymptomatic, have physical impairments that substantially limit one or more major life activities or major bodily functions and are, therefore, protected by the law.” Additionally, “Persons who are discriminated against because they are regarded as having HIV are also protected.”

The ADA applies to public employers and private employers with 15 or more employees.

Contact a Palm Beach Gardens Disability Discrimination Attorney 

You should not be treated any differently when applying for a job or working for an employer on the basis of your HIV status. If you were asked to take an HIV test by a prospective or current employer, or if you were subject to adverse treatment after your employer learned of your HIV status, it is critical to seek legal assistance from one of the experienced Palm Beach Gardens disability discrimination lawyers at Sconzo Law Office. You may be eligible for protections under state or federal law, and our firm can help you to seek a remedy. Contact us today for help with your discrimination case.

Sources:

ada.gov/

flsenate.gov/laws/statutes/2011/760.50#:~:text=(3)(a)%20No%20person,for%20the%20job%20in%20question