Questions and Answers: The ADA and Persons with HIV/AIDS

What can an applicant or employee do if he or she believes that he or she is being discriminated against on the basis of his or her HIV or AIDS?

An applicant or employee who believes that he or she has been subjected to discrimination on the basis of having HIV or AIDS may file a charge with the nearest Equal Employment Opportunity Commission office. The charge must be filed within 180 days of when the discrimination occurred. The EEOC will investigate the charge and either act (on its own or through a referral of the charge to the appropriate government agency) to correct the problem or give the employee a “right to sue” letter. The right to sue letter permits the employee to sue the employer directly. The employee may be entitled to the job or promotion he or she was denied, a reasonable accommodation that was denied, back pay, benefits, or other damages.