Fighting AIDS or HIV Status Discrimination in the Workplace: Know Your Rights

No one should face discrimination at work because of their health status. Unfortunately, individuals living with AIDS or HIV often encounter bias, stigma, and unfair treatment in the workplace. This kind of discrimination is not only unethical—it’s illegal. If you’ve experienced such treatment, an experienced employment lawyer can help you protect your rights and seek justice.

What is AIDS or HIV Status Discrimination?

AIDS or HIV status discrimination occurs when an employer treats an employee or job applicant unfairly because of their actual or perceived HIV status. This type of discrimination is prohibited under the Americans with Disabilities Act (ADA) and New Jersey’s Law Against Discrimination (NJLAD), both of which offer strong protections for individuals living with HIV/AIDS.

Examples of AIDS or HIV Status Discrimination in the Workplace

Hiring Bias: Refusing to hire someone based on their HIV status, even if they are fully capable of performing the job.
Unlawful Medical Inquiries: Requiring employees to disclose their HIV status when it’s not job-related.
Harassment: Making offensive comments, jokes, or spreading rumors about an employee’s health status.
Denial of Reasonable Accommodations: Refusing to adjust work schedules or provide necessary accommodations related to medical treatment.
Wrongful Termination: Firing an employee solely because of their HIV status.

How an Employment Lawyer Can Help

Facing discrimination due to HIV or AIDS can be overwhelming, but you don’t have to face it alone. An employment lawyer can help you navigate the legal process and fight for your rights. Here’s how they can assist:

Case Evaluation: Reviewing your situation to determine if your rights have been violated under federal or state laws.
Evidence Collection: Helping you gather documentation, medical records, witness statements, and other evidence to support your claim.
Filing Complaints: Assisting with filing claims through the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR).
Negotiation: Advocating for a fair settlement that may include compensation for lost wages, emotional distress, and legal fees.
Litigation: Representing you in court if the case cannot be resolved through negotiation.

Why Choose Castronovo & McKinney?

When you’re dealing with workplace discrimination, you need legal support from professionals who are compassionate, experienced, and effective. Protecting Your Rights is the mission of Castronovo & McKinney, LLC. Their employment law attorneys have a strong track record of advocating for individuals facing discrimination based on health status, ensuring that justice is served.

Don’t Let Discrimination Go Unchallenged—Take Action Today

If you’ve been treated unfairly because of your HIV or AIDS status, you have legal options. An experienced employment lawyer can help you understand your rights, hold your employer accountable, and secure the justice you deserve.