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

What employment practices are covered by the ADA?

The ADA prohibits discrimination in all employment practices. This includes not only hiring and firing, but job application procedures (including the job interview), job assignment, training, and promotions. It also includes wages, benefits, leave, and all other employment-related activities. Examples of employment discrimination against persons with HIV or AIDS would include:

• An automobile manufacturing company that had a blanket policy of refusing to hire anyone with HIV or AIDS.

• An airline that extended an offer to a job applicant and then rescinded the offer after the employer discovered (during the post-offer physical) that the applicant had HIV.

• A restaurant that fired a waitress after learning that the waitress had HIV.

• A university that fired a physical education instructor after learning that the instructor’s boyfriend had AIDS.

• A County tax assessment office that cancelled training opportunities for an accountant following her disclosure that she had HIV.

• A retail store that generally rotated all sales associates between the sales floor (where they could earn commissions) and the stock room (where they processed merchandise) except for the sales associate who was rumored to have HIV, who was never rotated to the floor.

• A call center employee who was denied a promotion to shift manager because his employer believed the employee would be unreliable since he had AIDS.

• A company that contracted with an insurance company that had a cap on health insurance benefits provided to employees for HIV-related complications, but not on other health insurance benefits.