Employment Lawyers Fighting for Workers’ Rights in New Jersey, Pennsylvania & Throughout the United States

Discrimination Against Workers With HIV or AIDS

When HIV and AIDS first became a part of the public consciousness in the 1980s, discrimination based on HIV status and AIDS was rampant. While education and better medical outcomes have helped to reduce some of the inequities that people who are HIV-positive or who have AIDS might face, workplace discrimination based on HIV or AIDs still occurs. People who have been discriminated against based on their HIV status might want to talk to Swartz Swidler for help.

Laws that might apply

Under the Americans with Disabilities Act, employers are prohibited from discriminating against applicants and employees because of their disabilities. The ADA also protects workers who are not disabled but who are perceived as having disabilities. The Rehabilitation Act prohibits discrimination by federal agencies on the basis of disabilities and perceived disabilities.

Employment discrimination

Disabilities are physical or mental conditions that cause substantial limitations in a major life activity. Someone who is HIV-positive is disabled under the ADA because the virus substantially limits such things as the immune system’s functions. Disabled individuals qualify for protection under the ADA if they meet all of the requirements of the job and can perform the essential job functions with or without reasonable accommodations. Workers who associate with others who are HIV-positive may not be discriminated against simply for having a relationship with the HIV-positive person or persons.

Schedule an appointment today. Call (856) 685-7420 or

Schedule an appointment today.
Call (856) 685-7420 or

What is a reasonable accommodation?

Employers are required to provide reasonable accommodations unless doing so would create an undue hardship. Reasonable accommodations may include adjustments or modifications to the job, the work environment, or the application process. An example might include the need for a break for 30 minutes after taking an antiviral medication that causes nausea during that time period.

Medical exams and inquiries

When employers are able to ask questions about applicants’ medical conditions or to require that they undergo medical exams is strictly limited. Employers are not able to ask job applicants about whether they have disabilities, including AIDS, before they make job offers.

After employers have made job offers, they may ask questions about disabilities and ask for medical exams as long as they ask the same questions and require the same exams for all employees. Employers are not allowed to withdraw job offers unless it is clear that the applicants will not be able to perform the essential duties of the job or would pose a threat to the safety or health of the workplace. Employers are not able to ask employees medical questions or ask them to take medical exams unless they have a reasonable belief that the employees might not be able to perform the job safely or successfully because of a medical condition. Employers may ask for documentation when employees ask for reasonable accommodations if the need for the accommodations is not already known or obvious.

Confidentiality

Employers are required to keep the medical information of their employees confidential. If they learn that an employee is HIV-positive, the employers are not able to tell other people this information.

Contact Swartz Swidler

Workplace discrimination on the basis of your HIV status is prohibited. If you believe that your employer unlawfully discriminated against you, contact Swartz Swidler to schedule a consultation.

Most Frequently Asked Question: Do I Have A Case?

While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is to contact one of our attorneys. For more information check out the FAQ below or visit our FAQ Page

Most Frequently Asked Question:
Do I Have A Case?

While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is contact one of our attorneys. For more information on a just a few scenarios checkout the flip box FAQ below or visit our FAQ Page.

Our Locations

Cherry Hill Headquarters

1101 Kings Hwy N
Suite 402
Cherry Hill, New Jersey 08034

Phone: (856) 685-7420
Fax: (856) 685-7417

Philadelphia Satellite Office

123 South 22nd Street
Philadelphia, PA 19107

Phone: (215) 995-2733

Our Locations

Cherry Hill Headquarters

1101 Kings Hwy N
Suite 402
Cherry Hill, New Jersey 08034

Phone: (856) 685-7420
Fax: (856) 685-7417

Philadelphia Satellite Office

123 South 22nd Street
Philadelphia, PA 19107

Phone: (215) 995-2733