HIV/AIDS and Employment - Your Legal Rights
Despite federal and state laws protecting persons with HIV/AIDS from discrimination, the unfortunate fact is that such discrimination continues to take place. The most important thing to remember is: Discrimination against someone with HIV/AIDS is illegal!!! If you have HIV?AIDS, you are protected from discrimination by federal law, including the Amercans with Disabilities Act (ADA), as well as by Florida law.
Applying for a Job
Employers cannot ask you anything to directly try to find out if you have HIV/AIDS or any other disability. Such questions include:
Even if your employer somehow finds out that you have HIV/AIDS, they cannot use this information against you, nor can they tell anyone else you have HIV/AIDS.
If an employer has offered you a job they can, under certain conditions, ask you to take a medical test to see if you can do the job. An employer can never ask you to take such an exam before offering you a job. Also, an employer can only ask you to take an HIV test if having HIV/AIDS could create a very harmful situation in the workplace. Usually, having HIV/AIDS wouldn't matter, so few employers will make someone take an HIV test.
If an employer makes you take an HIV test, they need to follow these rules:
Remember: Discrimination against a person with HIV/AIDS is
BENEFITS - Insurance
If your employer offers health insurance to all employees, then you should also get health insurance even if you have HIV/AIDS. Your health insurance company may exclude a pre-existing condition from coverage in some circumstances. This means that the insurance company may not have to cover your HIV/AIDS treatment costs.
However, even if you already have HIV/AIDS, the insurance company may still have to pay for your medical treatment. If you had health insurance for at least twelve continuous months before your new employer's health policy starts, and there was not a gap greater than 63 days between your old health insurance and your new employer's policy, then your new health insurance must pay for your treatment.
To get time off under the FMLA, you might be required to tell your or someone else's HIV status to your employer. If you do so, your employer is legally bound not to tell anyone about your HIV status. If they do tell someone else, they are breaking the law.