New EEOC Publications on HIV/AIDS and Employment Discrimination

U.S. Equal Employment Opportunity Commission | Fact Sheet

The National HIV/AIDS Strategy for the United States: Updated to 2020 (“NHAS 2020”) is a critically important review of the status of our nation’s response to the HIV epidemic in America and an action plan for the continuing fight. As part of the EEOC's efforts to support NHAS 2020, they have released three publications that deal with HIV/AIDS and Employment Discrimination.

Living With HIV Infection: Your Legal Rights in the Workplace Under the ADA
“If you have HIV infection or AIDS, you have workplace privacy rights, you are protected against discrimination and harassment at work because of your condition, and you may have a legal right to reasonable accommodations that can help you to do your job. This Fact Sheet briefly explains these rights, which are provided under the Americans with Disabilities Act (ADA).”

Helping Patients with HIV Infection Who Need Accommodations at Work
“If a patient with HIV infection is experiencing trouble at work because of the condition (e.g., problems with stamina, increased need to use the restroom, difficulty seeing, or impaired concentration), he or she may be entitled to a "reasonable accommodations" from the employer that will help to solve the problem under the Americans with Disabilities Act (ADA). Patients who request a reasonable accommodation may be asked for supporting documentation from a health provider. This Fact Sheet briefly explains the law of reasonable accommodation and the health provider's role in the process.”

What You Should Know About HIV/AIDS and Employment Discrimination
“The reduction of HIV-related disparities and health inequities, including the reduction of stigma and discrimination against persons living with HIV, is one of the central goals of President Obama's National HIV/AIDS Strategy. The EEOC has a critical role in eradicating employment discrimination against those living with HIV/AIDS through our enforcement and litigation efforts, and our work to educate employers, job applicants, and workers on their rights and responsibilities.”

The new publications were developed as part of EEOC’s efforts to support the National HIV/AIDS Strategy’s call to “strengthen enforcement of civil rights laws, and assist States in protecting people living with HIV from violence, retaliation, and discrimination associated with HIV status.”

For an analysis of the publications, read CHLP Co-Director Allison Nichol's blog on the subject: HIV Stigma as a Public Health Issue: Increasing Employment Opportunities for those Living with HIV