Disability Under Federal Law
Is HIV considered a disability under federal law? If you have HIV and are unable to work, you may be eligible for disability benefits. The law protects people with disabilities and prohibits employers from discriminating against them. You can file a complaint with the EEOC. State reporting requirements vary, but in general, you must file a complaint within 180 days of the date of employment discrimination. You can also file a complaint with the U.S. Department of Justice.
HIV has been addressed in the criminal justice system, but those issues have generally focused on the unique safety and security issues within the correctional system. Until the landmark Yeskey v. State of Pennsylvania decision in June 1998, HIV was considered an impeachable disability discrimination under the ADA. Today, most people living with HIV are symptom-free and unimpaired, so HIV is no longer viewed as a disability under federal law.
Under the Americans with Disabilities Act, employers must provide reasonable accommodations for HIV positive employees. Oftentimes, these accommodations are minimal, with most costing less than $100, and one-third costing nothing. HIV-positive employees should also be aware of the ADA’s affirmative action clause, which requires employers to provide reasonable accommodations for the limitations of employees with HIV. No one will be unlawfully discriminated against because of their HIV status. All employment decisions will be based solely on the qualifications of each applicant, not on the disability of another employee.
In addition to ADA laws, federal law also prohibits discrimination against individuals with HIV and AIDS. Private employers with at least fifteen employees are covered by the law, and employers are not allowed to discriminate against people with HIV. If an employee has HIV and needs accommodation, he or she should disclose this fact to the employer. An employer should also obtain a medical assessment to verify their legal rights. This way, they can be assured that their employees are not discriminated against.
Is HIV Considered a Disability Under Federal Law?
HIV is listed as a disability-eligible health condition by the Social Security Administration. To qualify for disability benefits, you must have medical manifestations that limit your ability to perform work. The application process is thorough and requires a large amount of documentation. If you are denied benefits, you can appeal within 60 days, allowing you to provide additional evidence to the SSA. The application process is lengthy, but once approved, your benefits will start retroactively.
The ADA protects people with HIV from discrimination in public accommodations. People with HIV cannot be denied access to public accommodations, and they must receive equal benefits and services. ADA also protects those associated with people with HIV. But it doesn’t end there. ADA protections extend to employees with HIV and people associated with them. You can find HIV-related discrimination laws on the federal government website.
However, there are still some restrictions on whether employers can ask HIV-positive employees to get medical exams. Employers cannot require HIV testing without a legitimate business reason. They can, however, ask for reasonable accommodations for HIV-positive employees. In the end, employers must consider if HIV is a disability in the context of the job. However, employers can’t require HIV testing unless they can demonstrate that their HIV-positive employees cannot perform essential job functions.
