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Laws that Protect Employees Living with HIV & Complaint Process


I believe my rights have been violated. What can I do next?

Workplace Protection-Laws-image

If you were discriminated against by an employer, you may consider filing an ADA complaint against your employer by contacting the US Equal Employment Opportunity Commission https://www.eeoc.gov/filing-charge-discrimination. Please note that there are time restrictions in which the complaint must be filed; in some cases, it is within 180 days from a discriminatory incident. You can also file a complaint against your employer by contacting the California Department of Fair Employment and Housing https://www.dfeh.ca.gov/complaintprocess/ (within three years of a discrimination incident).

If you are ready to fill out the AIDS Legal Service Project online intake form, click HERE. It will be reviewed to see if you qualify for free legal services through the AIDS Legal Services Project. If you are over income or we are unable to place your matter with a volunteer attorney, then the project might need to refer you to the Lawyer Referral Service. If you have any questions, you can also email ALSPinfo@lacba.org or call 213-833-6776.

If you are protected both on the basis of your disability and on the basis of another identity, it is important to include this information in your complaint or case for workplace discrimination.

  • National
    • Americans with Disabilities Act protects job applicants and employees with HIV/AIDS against discrimination and requires employers to make reasonable accommodations at workplaces with 15 or more employees. Learn more by clicking HERE.
    • Family and Medical Leave Act entitles employees with serious medical conditions to take up to twelve weeks off from work per year, if they work for a public employer or a private employer with 50 or more employees. Learn more by clicking HERE.
    • Section 501, 503, 504 of the Rehabilitation Act of 1973 protects qualified persons with HIV/AIDS against employment discrimination at federal agencies, federal government contractors (with contracts of $10,000 or more), and organizations that receive federal financial assistance. Learn more by clicking HERE.
  • California
    • California Family Rights Act entitles employees with serious medical conditions to take up to twelve weeks off from work per year, if they work for a public employer or a private employer with five or more employees. Learn more by clicking HERE.
    • Fair Employment and Housing Act protects job applicants and employees with HIV/AIDS against discrimination and requires employers to make reasonable accommodations at workplaces with 5 or more employees. Learn more by clicking HERE.

THE CONTENT FOUND HERE WAS CURRENT AT THE TIME OF WRITING (January 2021). LAWS AND LEGAL PROCEDURES ARE SUBJECT TO FREQUENT CHANGE AND DIFFERING INTERPRETATIONS. YOU SHOULD SEEK THE COUNSEL OF AN ATTORNEY TO RECEIVE LEGAL ADVICE SPECIFIC TO YOUR SITUATION.


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