HIV/AIDS: Etiology and Oral Manifestations

People with AIDS and HIV are also protected by federal law under the Americans with Disability Act (1990) and Section 504 of the Federal Rehabilitation Act of 1973, as amended.

Persons with HIV infection and/or AIDS who feel discriminated against on the basis of their infection may file a complaint with the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services, or the State Human Rights Commission. OCR will investigate anonymous reports.

HIV infection and AIDS are medical conditions that are considered disabilities under the federal Americans with Disability Act (ADA).

The law means that it is illegal to discriminate against someone who has AIDS or is HIV infected. It is also illegal to discriminate against someone who is 'believed' to have AIDS or HIV infection, even though that person is not, in fact, infected.

The areas covered in the law are:

Employment;
Rental, purchase or sale of apartment, house or real estate;
Places of public accommodation (restaurants, theaters, etc.);
Healthcare, legal services, home repairs, and other personal services available to the general public;
Applying for a loan or credit card, or other credit transactions;
Certain insurance transactions.

Employers may not discriminate against persons with HIV infections or AIDS in:

Employment
Recruitment
Hiring
Transfers
Layoffs
Terminations
Rate of pay
Job assignments
Leaves of absence, sick leave, any other leave or fringe benefits available by virtue of employment

Employers are required to provide and maintain a working environment free of discrimination. They must assure that no harassment, intimidation or personnel distinction is made in terms and conditions of employment. If a worksite situation develops that poses the threat of discrimination, employees must be given education and supervision to end harassment, the use of slurs and/or intimidation.

Employers are responsible for providing reasonable worksite accommodations, which will enable a qualified, disabled employee or job applicant to perform the essential tasks of a particular job.

Reasonable accommodation means relatively inexpensive and minimal modifications, such as:

Providing special equipment
Altering the work environment
Allowing flex-time
Providing frequent rest breaks
Allowing the person to work at home (telecommute)
Restructuring the job

When a person goes for a job interview or is hired, the employer:

Cannot ask questions directed at the perception or presence of HIV infection or AIDS, unless based on a "bona fide" occupational qualification, which at this time, according to CDC, does not exist.
Cannot require a blood test to determine HIV infection, unless HIV status limits the ability to perform the work, i.e. overseas assignment in country that requires HIV certification.
Cannot require a physical exam directed to identify HIV infection, except for exams necessary to evaluate the need for, or nature of, reasonable accommodation or specific job-related conditions.
Cannot ask questions about lifestyle, living arrangements, or sexual orientation.

Exceptions to this are applicants for the U.S. Military, the Peace Corps, the Job Corps, and persons applying for U.S. citizenship.