The law firm of Bracamontes and Vlasak partners with Bay Area organizations, such as the AIDS Legal Referral Panel (ALRP), to provide legal consultation and representation to clients with HIV or AIDS. Too often, persons with HIV/AIDS are illegally discriminated against because of their disability by employers or landlords.
HIV/AIDS and Reasonable Accommodations
HIV/AIDS is a protected class and disability in California. Both the federal Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) require employers to provide reasonable accommodations to employees with disabilities, including HIV or AIDS.
A reasonable accommodation is a modification or adjustment to the workplace that allows the employee to perform the essential functions of the job. Upon notice of a disability, employers are obligated to engage in an interactive process with the employee to find a reasonable accommodation that works. The employer is obligated to provide that accommodation so long as it does not pose an undue hardship for the employer.
If you have been denied a reasonable accommodation for your disability, contact a Bay Area HIV/AIDS discrimination lawyer at Bracamontes & Vlasak today for a free consultation. We have achieved excellent results for HIV/AIDS positive plaintiffs in discrimination actions against employers, and can help you answer questions such as:
- What constitutes discrimination?
- What is my employer obligated to provide and what is an undue hardship?
- How do I request a reasonable accommodation?
- What is the "interactive process"?
- Can I perform the essential functions of my job?
- Have I been denied a reasonable accommodation?
- Should I file a lawsuit?
Disability discrimination in the workplace is just one kind of employment discrimination. California Government Code § 12940(a) (FEHA) prohibits discrimination against members of a protected class, and prohibits an employer from discharging an individual based on a disability. HIV/AIDS is an explicit protected class under FEHA. It is not only unlawful for an employer to terminate an employee because of a disability, it is also unlawful for an employer to otherwise discriminate or harass an employee with a disability. Examples of potential disability discrimination or harassment include:
- Failure to accommodate
- Offensive or disparaging comments or "jokes"
- Failure to promote
- Disparate treatment
The employment law practice at Bracamontes and Vlasak focuses on the rights of individuals in the workplace, including employment discrimination, wrongful termination, race and national origin discrimination, age discrimination, and sexual harassment cases.