Intersectionality - Race, gender, sexual orientation, gender identity
HIV disproportionately affects communities of color, men who have sex with men, transgender women, and cisgender women of color. These identities can complicate your experience with discrimination or disparate treatment in the workplace. Therefore, it is important to remember that anti-discrimination laws that protect your rights as a person living with HIV also cover certain “protected classes,” including your race, ethnicity, religion, sexual orientation, and gender identity.
Examples of discrimination against employees living with HIV that are prohibited by law
Employers CANNOT discriminate against a person because:
- they have HIV
- are regarded as having HIV (even though they do not)
- or are associated with someone who has HIV
Examples of possible forms of discrimination include:
- firing an employee
- segregating an employee
- forcing an employee to take leave
- forcing an employee to accept an accommodation
- rejecting a candidate for a job or failing to promote an employee because they have HIV or because they associate with someone who has HIV.
Undocumented Immigrants – Also Protected
Immigrant communities throughout Los Angeles continue to be impacted by HIV including many residents who are undocumented or do not have a work permit.
The good news is, regardless of immigration status, immigrant workers are generally covered under the same California labor laws and discrimination protections as any other employee which means you can also come forward with complaints about workplace discrimination or violations of the labor code. Under these laws, you have:
- Wage and hour rights
- A right to workers’ compensation
- A right to State Disability Insurance
- A right to paid family leave
- A right to unionize or participate in a union (However, your immigration status may limit the legal remedies available to you)
You are also covered by anti-discrimination laws.
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