Accommodating hiv students
The potential loss of customers or co-workers because an employee has HIV or AIDS does not constitute an undue hardship.An employer is not required to provide an employee’s first choice of accommodation.For example, a person who was fired on the basis of a rumor that he had AIDS, even if he did not, would be protected by the law.Moreover, the ADA protects persons who are discriminated against because they have a known association or relationship with an individual who has HIV.For example: Having HIV or AIDS, however, might impair an individual’s ability to perform certain functions of a job, thus causing the individual to pose a direct threat to the health or safety of the individual or others.
A “reasonable accommodation” is any modification or adjustment to a job, the job application process, or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process, perform the essential functions of the job, or enjoy the benefits and privileges of employment.
In addition, employers cannot decide not to hire qualified people with HIV or AIDS because they are afraid of higher medical insurance costs, workers’ compensation costs, or the potential for absenteeism.
, a significant risk of substantial harm—to the health or safety of the individual him/herself or to the safety of others, if that risk cannot be eliminated or reduced below the level of a “direct threat” by reasonable accommodation.
Examples of employment discrimination against persons with HIV or AIDS would include: The ADA prohibits employment discrimination against qualified individuals with disabilities.
A “qualified individual” means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.
In addition, the ADA prohibits all public entities, regardless of the size of their work force, from discriminating in employment against qualified individuals with disabilities.