Americans living with HIV or AIDS may face discrimination based on their health status in many areas of life—including employment. Fortunately, federal and state laws protect against discrimination.
Under the Americans with Disabilities Act (ADA), HIV & AIDS qualifies as a "disability," even if asymptomatic, and employers are prohibited from discriminating on that basis:
An applicant or employee may file a complaint with the nearest Equal Employment Opportunity Commission Office within 180 days of the discriminatory incident. The EEOC will investigate and attempt to correct the problem. It may also issue the employee a "right to sue" letter, which allows the victim to sue the employer directly in federal court for violations of the ADA.
Many states also prohibit discrimination based on HIV/AIDS status, which could provide an additional basis for resolution. Your local EEOC will be familiar with your state’s particular employment discrimination law.
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