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withholding my unemployment because of my status

May 2, 2012

i have HIV and my boss keeps holding my unemployment. i have filed a charge with the EEOC, but havent heard anything yet. i pay rent etc... but im about to lose everything because i dont get to work as much as i did before they found out i had HIV. i need a blessing to help with my bills! im not a begger but i do need help!

Response from Ms. Douaihy

Dear Writer,

Your HIV status has no bearing on your eligibility for an unemployment insurance benefit ("UIB") entitlement. States differ on administration of unemployment insurance but generally UIB benefits are available to individuals separated from employment due to no fault of their own. It is not clear from your question whether your former employer or your state's Department of Labor is responsible for rejecting your claim. If your initial claim for UIB was disputed by your former employer and you are otherwise eligible, you should absolutely appeal the denial to your state's Department of Labor. If you feel your former employer has denied your claim solely due to your HIV status you should file a complaint of discrimination with your state Department of Human Rights (or equivalent state agency that enforces state anti-discrimination law). The Equal Employment Opportunity Commission ("EEOC") is also a good first step as the EEOC enforces federal anti-discrimination laws. I hope you access the entitlements you deserve. Good luck!

Permanent disability claim
I put that I was HIV positive on the group health insurance questionnaire and then I got fired!

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