This is not the first time the EEOC has issued a publication detailing these protected rights. In 2012, the Commission issued a generic guidance document discussing the ADA’s protections for individuals with HIV or AIDS. However, these two new publications are much more useful to HIV positive job applicants and employees because they are specifically written for them and offer practical insights.
The first publication, Living with HIV Infection: Your Legal Rights in the Workplace Under the ADA, reiterates that employers must make reasonable accommodations to allow infected applicants to interview and, if hired, perform the essential functions of their jobs. This guidance educates prospective and current employees about when they may be required to reveal their HIV status to their employer, what accommodations are available and how to request them. For instance, an applicant or employee might need to reveal their HIV status in order to request reasonable accommodations.
The second publication, Helping Patients with HIV Infection Who Need Accommodation at Work, is specifically addressed to health care professionals who treat patients infected with HIV. As its name suggests, this document instructs doctors on how to assist patients with getting employment accommodations. It also informs physicians as to what information they should provide to a patient’s employer. For example, when communicating with an employer, a physician may refer to their patients’ HIV infection simply as an “immune disorder.”
Cherry Hill Employment Lawyers at McOmber McOmber & Luber, P.C. Counsel Employers and Employees Regarding HIV Discrimination in the Workplace
The ADA not only protects individuals who are infected with HIV or AIDS, but also those who are rumored to be living with the condition and those who associate with an infected person (for example a spouse of someone who is HIV positive). Our Cherry Hill employment lawyers at McOmber McOmber & Luber, P.C. routinely represent both employers and employees in HIV employment discrimination matters. With offices located in Red Bank and Marlton, New Jersey, we represent clients throughout the state. To learn how we can help, contact us at 732-842-6500 (Red Bank), 856-985-9800 (Marlton) or complete our online contact form today.