| HIV and Discrimination |
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by: Virgin Islands Community Aids Resource & Education (VICARE)
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| Q. | I don’t think anyone will hire me because I’m HIV positive. Why should I bother to apply for a job? |
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| A. | Many people with HIV or AIDS have good jobs, and contribute to society in important ways. People may have told you that because you’re HIV positive no one will hire you. This is not true. |
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| Q. | If I apply for a job, can the person interviewing me ask if I have HIV? |
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| A. | No. An employer cannot ask you if have a disability or a medical condition. You do not have to tell the person you’re interviewing with that you are HIV positive. The interviewer may ask about your ability to perform certain job-related duties. |
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| Q. | Are there jobs I am not allowed to have because I’m HIV positive? |
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| A. | The only job you would not be allowed to have is one in which you would pose a direct threat of infecting someone else. |
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| Q. | Can an employer ask me to take an HIV test? |
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| A. | Under circumstances, an employer may require a person applying for a job to have a medical examination. But, an employer can require this exam if he has already hired you a job, and if everyone applying for the job has to take the exam also. As part of that exam, the employer cannot refuse to hire you based on the result of that HIV test, unless being HIV positive would prevent you from doing the job. Most employers do not test applicants for HIV because their HIV status is irrelevant to most jobs. |
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| Q. | Is it ever a good idea to tell my boss I’m HIV positive? |
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| A. | The decision to tell your boss you are HIV positive is a very personal one. Most people who disclose their HIV status at work do so for one of two reasons:
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To ask for an accommodation at work, like more flexible hours;
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To protect their rights, so that an employer who is discriminating cannot say he didn’t know the employee was HIV positive. If you need some sort of accommodation to be able to do your job, you may have a right to that accommodation, according to a federal law called the Americans With Disabilities Act (ADA). |
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| Q. | If I tell my boss I’m HIV positive, does he have to keep that information confidential? |
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| A. | Yes. It is illegal for any person to disclose your HIV status without your permission. |
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| Q. | Can my employer get a copy of my medical records? |
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| A. | No. Your medical records are confidential. The only way your employer can get them is if you sign a release authorizing your employer to get them. |
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| Q. | What is the American With Disability Act? Why is it important to me? |
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| A. | The American With Disabilities Act (ADA) is a powerful federal law that makes discrimination against people with disabilities (like HIV) illegal. The ADA prohibits employers with more than 15 employees from firing, demoting, or refusing to hire people solely because they have a disability. The ADA also protects people associated with a person with HIV, or people believed to be HIV positive.
The ADA is also important because it gives you the right to a “reasonable accommodation” at work, so that you can keep doing your job. |
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| Q. | What is a reasonable accommodation? |
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| A. | A reasonable accommodation is a change in your work place or work routine that makes it possible for you to keep doing your job. |
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| Q. | Am I entitled to a reasonable accommodation? |
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| A. | The American With Disabilities Act says that a person with a disability is entitled to a reasonable accommodation if that person can perform the “essential job functions.”
There are only two situations in which an employer can refuse to grant a reasonable accommodation:
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| Q. | How do I get a reasonable accommodation? |
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| A. | You have to ask for it. An employer does not have to offer you an accommodation unless you ask for one. You should meet with your supervisor, as well as anyone else you think you need to inform (such as head of personnel) and explain that you are requesting a reasonable accommodation under the American With Disabilities Act (ADA). |
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| Q. | Do I have to disclose my HIV status to request a reasonable accommodation? |
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| A. | When an employer asks for a reasonable accommodation, the employer can ask for medical documentation to verify the existence and nature of the disability. Usually that documentation is a letter from your doctor. But, to avoid disclosing your HIV status when requesting an accommodation, you could first try disclosing the actual disabling condition (i.e. fatigue or lymphoma). If you are HIV positive and in good health, but need an accommodation to take time off to see the doctor regularly, it may be impossible to avoid disclosing your HIV status. If in any event, you have to disclose, make sure you stress to your employer that your HIV status should be kept confidential. |
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| Q. | Should I ask for a reasonable accommodation in writing? |
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| A. | It is probably a good idea to ask for a reasonable accommodation in writing. Here is a sample request:
Dear Employer,
I am writing to inform you that I have a disability under the Americans With Disability Act. As you know, this law entitles me to a reasonable accommodation. I am requesting the following accommodation [describe the accommodation you need here].
I am fully capable of performing the essential duties of my job. I seek this accommodation so that I can be a more productive employee for this company. Please contact me at your earliest convenience, so that we can discuss my request.
Make sure that you date your letter. It is also a good idea to make an extra copy of your letter and have it put into your personnel file. |
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