Employment

Employment discrimination against people living with HIV may take the form of bias in hiring, refusal to grant workplace modifications to accommodate medical conditions, or unjustified termination. Moreover, practice and licensing restrictions imposed on HIV-positive individuals, such as health care professionals, fuels stigma that keeps many people with HIV closeted about their status. Titles I and II of the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 exist to protect people with disabilities, including people living with HIV, from this kind of discrimination in the workplace, but the law is only as strong as its judicial interpretation.

This HIV Policy Resource Bank category includes statutes, regulations, court decisions, agency guidelines, and other materials related to employment discrimination on the basis of HIV status, occupational restrictions for people with HIV, and employer-provided disability benefits.

Resources and Related Content
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State Statutes Dealing With HIV and AIDS: A Comprehensive State-by-State Summary (2004 Edition), Staff of Volume 13, Law & Sexuality (2004)

May 4, 2011
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Horgan v. Simmons, 704 F. Supp. 2d 814 (N.D. Ill. 2010)

February 18, 2011
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Health Reform: Good for the Economy and Good for Jobs, White House Office of Public Engagement (2011)

January 6, 2011
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Send Lawyers, Guides and Money: The Legal Services Needs of People Living with HIV in the Southern United States, The Center for HIV Law and Policy (2010)

January 4, 2011
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The Center for HIV Law and Policy Releases Primeron Employment Discrimination and the Rights of People Living with HIV/AIDS (2010)

October 4, 2010
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Employment Rights of People Living with HIV/AIDS: A Primer, The Center for HIV Law and Policy (2010)

October 4, 2010
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National HIV/AIDS Strategy Implementation Plan, The White House Office of National AIDS Policy (ONAP), 2010

July 23, 2010
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National HIV/AIDS Strategy: President’s Memorandum for the Heads of Executive Agencies and Departments, The White House Office of National AIDS Policy (ONAP) (2010)

July 23, 2010
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National HIV/AIDS Strategy, The White House Office of National AIDS Policy (ONAP) (2010)

July 23, 2010
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Comparison of the ADA (as construed by courts) and the ADA, As Amended, Kevin Barry, Emily Benfer and Chai Feldblum, Georgetown Federal Legislation & Administrative Clinic (2009)

January 20, 2010
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The ADA Amendments Act: An Overview of Recent Changes to the Americans with Disabilities Act, Emily A. Benfer, American Constitution Society for Law and Policy (2009)

January 20, 2010
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The Legal Aid Safety Net: A Report on the Legal Needs of Low-Income Illinoisans, Chicago Bar Association et al. (2005)

October 21, 2009
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Questions and Answers: The Americans with Disabilities Act and the Rights of Persons with HIV/AIDS to Obtain Occupational Training and State Licensing, U.S. Department of Justice, Civil Rights Division (2009)

July 17, 2009
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HIV/AIDS Recommendations for the Obama Administration, The Center for HIV Law & Policy et al. (2009)

July 10, 2009
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Lamarre v. Transportation Security Administration, Complaint Letter to EEOC, ACLU of Florida (2009)

June 22, 2009