Your rights: Working with HIV or AIDS in New York

Even though we've known about HIV and AIDS for a long time, some people still treat others unfairly because of it. This is discrimination. If you have HIV or AIDS, it's important to know your rights at work.

What is HIV?

HIV is a virus that affects your immune system. With good medical care, people with HIV can live long, healthy lives.

What laws protect me?

There are three main laws that protect people with HIV or AIDS from unfair treatment:

1. The Rehabilitation Act of 1973
2. The Americans with Disabilities Act of 1990 (ADA)
3. The Affordable Care Act (2010)

These laws say that people can't treat you differently or stop you from doing things just because you have HIV or AIDS.

What are my rights at work?

The ADA says that employers can't treat you unfairly because of HIV or AIDS when it comes to:

• Applying for jobs
• Getting hired or fired
• What job you're given
• Training
• Promotions
• Pay and benefits
• Time off work

What can't employers do?

Employers are not allowed to:

• Refuse to hire you because they're afraid you'll make others sick
• Not hire you because they think your medical care will cost too much
• Make you take a medical test just because you have HIV or AIDS
• Ask about your health before offering you a job
• Tell others about your health without a good reason

What can employers do?

Employers are allowed to:

• Know about your health status
• Share your medical information with others at work, but only if they really need to
• Ask if your health affects your ability to do the job
• Have you take a physical exam if all employees have to do it

What must employers do?

Employers must:

• Decide to hire you based on whether you can do the job now, not in the future
• Make reasonable changes (called "accommodations") to help you do your job if you need them because of HIV or AIDS

What if I’ve been treated unfairly?

If you think an employer is treating you unfairly because of HIV or AIDS, you can:

1. File a complaint with the Federal Employment Opportunity Commission (EEOC)
2. Do this within 180 days of when it happened
3. Contact your local EEOC office at 800-669-4000 to file a complaint