Posted On: November 16, 2009 by Greenberg & Rudman

WERE YOU FIRED BECAUSE YOU HAVE HIV/AIDS? GET HELP BY CALLING SF BAY AREA EMPLOYMENT ATTORNEYS.

Disability discrimination is not only wrong, but it is illegal. It is against both California’s Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA). FEHA applies to companies with 5 or more employees, and the ADA applies to employer with 15 or more employees. A person is considered disabled if he or she has a physical or mental condition that substantially limits a major life activity, has a history of such a disability, or is believed to have a physical or mental impairment that is not transitory and minor. Disability discrimination occurs when an employer treats an applicant or employee in a discriminatory manner because he/she has a history of a disability or because he/she is believed to have a physical or mental impairment that is not transitory. In addition, the employer must provide an disabled employee or applicant with a reasonable accommodation. A “reasonable accommodation” includes something that would help a person with a disability apply for a job, perform the duties of a position, or enjoy the benefits of employment. Some examples of reasonable accommodations include making the workplace wheelchair accessible, or providing a reader/interpreter.

If you have HIV/AIDS and were denied a job or fired because of your condition, you may be a victim of disability discrimination. Just recently a trucking company was sued by the Equal Employment and Opportunity Commission (EEOC) for discriminating against a worker with HIV. The lawsuit alleges that the company wrongfully terminated an employee after they learned he was HIV positive. It is unlawful for an employer to fire an employee because he/she has HIV without finding out if the employee would be able to continue to perform his/her job duties.

AIDS.png If you have been fired because you have HIV, you should contact the experienced San Francisco discrimination lawyers. You can reach us at can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We will fight for your right to a non-discriminatory workplace.