HIV 101: Can I Be Fired If My Boss Finds Out I Have HIV?

Everyone has questions when they find out they are positive. In this series of posts, here are several of the most common, plus straightforward answers to help you navigate this new life of yours.

BY Diane Anderson-Minshall

March 28 2014 5:00 AM ET

Can I Be Fired If My Boss Finds Out I Have HIV?

Not legally, unless you have limitations on what you can do and your employer has made every effort to accommodate them. The ADA require employers to make “reasonable accommodation” to the known physical or mental limitations of employees with disabilities (including HIV infection/illness). That doesn’t mean all employers understand the ADA; violations happen all the time, but if you get fired, you have legal recourse. And certainly, if you have no symptoms that require you to have accommodations, then you can’t be let go because of your status.

Can my boss or prospective employer require me to take an HIV test?

No, not under federal nondiscrimination laws.

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