Navigating the workplace while living with HIV can be challenging for federal employees.
Under federal disability law, HIV-positive employees have the right to request reasonable accommodations to help them perform their duties despite their condition.
However, employees are often worried that getting accommodations means facing stigma or employer backlash after disclosing their HIV status at work.
This blog post will cover what employees with HIV should know about their rights when requesting accommodations in the federal workplace.
Our federal accommodation lawyers discuss who qualifies for disability protections, examples of HIV reasonable accommodations for federal employees, and how to request them while protecting your privacy.
Please don’t hesitate to get in touch with us online or call (800) 801-0598 today for assistance.
Is HIV Considered a Disability Under the ADA?
The Americans with Disabilities Act (ADA) protects qualified private-sector employees with disabilities from workplace discrimination based on a medical condition. For federal employees, these disability protections come from a different law, the Rehabilitation Act of 1973 (Rehab Act). However, both laws have the same eligibility requirements and offer the same benefits.
Under the ADA and the Rehab Act, an employee is considered to have a disability if they have a physical or mental impairment that substantially limits one or more major life activities. Major life activities include walking, standing, breathing, speaking, operating critical bodily functions, and much more.
So, is HIV a disability? In many cases, yes. HIV (Human Immunodeficiency Virus) is a disease that damages the body’s immune system and makes it harder to fight illnesses and infections.
Individuals with HIV can face many different impairments in daily life, depending on the progress of the infection, including:
- Fatigue,
- Muscle and bone weakness,
- Dizziness,
- Seizures,
- Nausea and vomiting,
- Chronic diarrhea and gastrointestinal conditions,
- Memory loss,
- Light sensitivity, and
- Respiratory difficulties.
When these symptoms interfere with at least one significant life activity, you can qualify as disabled under the ADA and Rehab Acts. Importantly, these protections apply even if you’re asymptomatic because of treatment or medication. If you would be impaired if your symptoms were active, you are protected from discrimination and entitled to request reasonable accommodations.
What Are Reasonable Accommodations for HIV in the Workplace?
A reasonable accommodation is a change to the work environment that helps employees perform their jobs despite their disability. Accommodations for HIV can vary widely, depending on your job responsibilities and the specific limitations you face.
Here are examples of some HIV reasonable accommodations federal employees might request:
- Chairs, stools, or physical supports. These can provide some relief for employees who experience fatigue, limited mobility, or weakness due to HIV.
- Assistive tools. Certain devices or equipment can help employees manage the physical sensitivities that often come with HIV, such as an employee with respiratory issues requesting a personal air filter. Other helpful tools include lamps, screen magnifying software, ergonomic seating, and arm supports.
- Change in workstation. For example, an employee who must eat or take medication regularly to manage symptoms could request a workstation that gives them access to a refrigerator. Individuals with GI issues may request to move their workstations closer to the restrooms.
- Flexible work schedule. Additional breaks or adjustable start and end times can help employees whose performance may be disrupted by dizziness, nausea, or other side effects of daily medication. Offering unpaid leave can also help accommodate employees who must attend doctor’s appointments or therapy during work hours.
- Remote work. Employees who suffer from severe, disruptive symptoms may request to work from home temporarily or permanently. For example, an employee who suffers from severe medication-induced vomiting episodes could receive permission to work remotely until they adjust to their medication.
Be aware: your employer isn’t legally obligated to grant your first-choice accommodation. The law also won’t force them to do anything that poses an “undue hardship” on their operations. However, your employer must work with you to find an alternate accommodation that meets your needs.
How Do You Request Workplace Accommodations for HIV?
You can initiate a request for HIV disability accommodations by simply having a conversation with your employer. However, it’s best to document your request in writing.
In your written request, state that your medical condition affects your work performance with a description of the following:
- The specific limitations you face that need accommodation, such as fatigue, dizziness, GI distress; and
- The changes that would help you overcome these limitations, like permission for more rest breaks or access to a stool.
Include a note from your doctor verifying your condition and how these accommodations would help you.
Note: you don’t necessarily have to share your specific medical diagnosis with your employer. You can ask your doctor to name your condition generally as an “immune disorder” and simply document in detail the particular ways it limits you.
Your employer will review your request and may ask for additional medical documentation. Generally, they will then meet with you to discuss your request and options for meeting your needs.
Dedicated Advocacy for Federal Employees
At Pines Federal, we understand how intimidating it can be for HIV-positive employees to request accommodations. If you’re concerned about your rights or face employer resistance to your request, our advocates are prepared to help.
The lawyers at our firm have over 60 years combined experience helping government workers understand and exercise their rights. Our attorneys are compassionate advocates who can help you get the support you deserve.
Contact our office online or call (800) 801-0598 today to learn more.