Can I Be Fired for Being HIV or AIDS Positive? Your Rights as a California Employee

In California, it is illegal for an employer to fire or discriminate against an employee due to their HIV or AIDS status. Both California and federal laws offer strong protections to ensure employees with HIV or AIDS are treated fairly in the workplace and are not subject to wrongful termination or discrimination due to their medical condition. If you are HIV or AIDS positive and believe you have been mistreated at work because of your status, understanding your rights under California and federal law is essential.

This guide explains the legal protections available to employees with HIV or AIDS, the steps to take if you experience discrimination or wrongful termination, and how Miracle Mile Law Group can assist you in seeking justice.

Legal Protections for Employees with HIV or AIDS

Employees with HIV or AIDS are protected under both federal and California laws that prohibit workplace discrimination based on medical condition and disability. These laws ensure that employees cannot be fired, demoted, harassed, or treated unfairly because of their HIV status.

1. Americans with Disabilities Act (ADA)
   The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities, including those with HIV or AIDS. The ADA defines HIV as a disability, which means that employers cannot treat employees with HIV differently from others in terms of hiring, firing, promotions, or any other terms of employment. Under the ADA, employers are required to make reasonable accommodations to support employees with disabilities, including those with HIV or AIDS, unless doing so would impose an undue hardship on the business.
2. California Fair Employment and Housing Act (FEHA)
   California’s Fair Employment and Housing Act (FEHA) provides even broader protections than the ADA. FEHA prohibits discrimination based on medical condition, physical disability, or mental disability, including HIV/AIDS status. Under FEHA, California employers are not only required to avoid discrimination but also to provide reasonable accommodations to employees with HIV or AIDS so that they can perform their essential job functions. FEHA applies to employers with five or more employees, offering widespread coverage for workers in California.
3. The Unruh Civil Rights Act
   The Unruh Civil Rights Act is another California law that protects people with HIV or AIDS from discrimination in public places, including the workplace. This law reinforces that all people, regardless of medical status, are entitled to equal treatment and respect in settings where they work, seek services, or engage in public life.

These laws collectively ensure that employees with HIV or AIDS have legal protections against discrimination and wrongful termination in the workplace, helping to foster an environment of equality and respect. If you have faced discrimination at work or have been fired due to being HIV or AIDS positive then these state and federal laws may extend to your case and can entitle you to compensation for damages.

Can an Employer Fire You for Being HIV or AIDS Positive?

No, it is illegal in California for an employer to terminate an employee solely because they are HIV or AIDS positive. If an employer dismisses an employee based on their HIV status, it is a form of wrongful termination and discrimination, prohibited by both federal and state law.

Examples of discriminatory practices include:

• Firing an employee after discovering their HIV or AIDS status.
• Harassing or pressuring an HIV-positive employee to resign.
• Retaliating against an employee who requests accommodations for HIV-related needs or medical treatments.

If you believe you were fired because of your HIV status, you have a legal right to file a complaint or lawsuit to seek compensation for lost wages, emotional distress, and other damages. Additionally, you can seek justice by holding your employer accountable for unlawful termination.

Recognizing Workplace Discrimination Against Employees with HIV or AIDS

Workplace discrimination against employees with HIV or AIDS can be subtle or overt. Recognizing discrimination is the first step in protecting your rights. Common forms of discrimination include:

• Unwarranted Medical Inquiries: Employers are prohibited from asking intrusive questions about your medical condition unless it directly relates to job requirements and is necessary for accommodations.
• Denial of Reasonable Accommodations: Refusing to adjust work schedules, allow time off for medical appointments, or make other reasonable changes for employees with HIV or AIDS is discriminatory.
• Harassment or Stigmatizing Behavior: If coworkers or supervisors make derogatory remarks, spread rumors, or engage in behavior that isolates you due to your HIV status, this constitutes harassment.
• Differential Treatment in Promotions or Assignments: Denying career advancement or certain tasks based on HIV status is a form of discrimination.

Under FEHA and the ADA, employers must treat employees with HIV or AIDS the same as other employees and must take prompt action to prevent any form of harassment.

What to Do If You Face Discrimination or Wrongful Termination

If you are terminated or experience discrimination due to your HIV or AIDS status, here are the steps you can take to protect your rights and pursue justice:

1. Document Everything
Keep a detailed record of all discriminatory actions, including dates, names of individuals involved, witnesses and descriptions of incidents. Save any written communication, such as emails, that may support your claim.

2. Report the Discrimination Internally
If your employer has a policy for reporting discrimination, consider filing an internal complaint with the HR department or a supervisor. Be sure to document any responses or actions taken by your employer.

3. File a Complaint with the DFEH
In California, you can file a formal complaint with the Department of Fair Employment and Housing (DFEH). The DFEH will investigate your claim and determine if your employer violated your rights under FEHA. Filing a complaint with the DFEH is a prerequisite for bringing a lawsuit in many cases.

4. Seek Legal Representation
An experienced employment attorney can help you navigate the legal process, file complaints, and, if necessary, pursue a lawsuit. Legal representation ensures that your rights are protected and increases your chances of a successful outcome.

How an Employment Attorney Can Help

Discrimination cases involving HIV or AIDS can be complex, understanding the nuances of both state and federal laws is essential. The employment attorneys at Miracle Mile Law Group are experienced in handling discrimination cases and can provide the support you need. Here’s how we can assist you:

• Evaluate Your Case: We will assess your situation, review the evidence, and determine if you have a strong claim for discrimination or wrongful termination.
• File Necessary Complaints: We will help you file a DFEH complaint and guide you through the administrative requirements.
• Negotiate on Your Behalf: We will advocate for fair treatment, seek compensation for damages, and negotiate with your employer to reach a favorable resolution.
• Pursue Litigation if Needed: If a fair settlement cannot be reached, we are prepared to take your case to court to pursue justice.

With Miracle Mile Law Group by your side, you will have a dedicated legal team working to hold your employer accountable and ensure that you receive the fair treatment and compensation you deserve.

Protecting Your Rights with Miracle Mile Law Group

Being fired or discriminated against due to your HIV or AIDS status is not only unjust, but it’s also illegal under California and federal law. Employees in California with HIV or AIDS are entitled to protection from discrimination and deserve respect in the workplace. If you believe your rights have been violated, Miracle Mile Law Group is here to support you. Contact us today for a free consultation and let us help you fight for justice and compensation.