|I put that I was HIV positive on the group health insurance questionnaire and then I got fired!
May 13, 2012
I was hired by a local property management firm on July 12 as a Property Manager.
On September 1st the owners wife and bookkeeper gave me a health insurance form to complete which led me to believe that I would be with the company long term.
On September 3 I was terminated from the company. The reason given by the company owner was that I was not a good match. During my tenure with the company I never received any disciplinary action of any sort. In August I asked the bookkeeper if I could be allowed to go to a doctor's appointment as needed, she looked irritated and asked me to reschedule my appointment which I did.
My other coworkers are both females who are allowed to go to their doctors appointments and they have not been terminated. I think owners of the firm saw what I put on my health insurance forms and decided to terminate my employment.
I believe that I was discriminated against in violation of Title of the Americans with Disabilities Act of 1990 due to my disability.
Please let me know if you can help me with this matter. Thank you.
Response from Ms. Douaihy
Thank you for writing into www.thebody.com.
Based on your short recitation of the facts you may have a credible federal claim of employment discrimination based on disability (HIV+) if 1) you can amply demonstrate the causal nexus between your employer's adverse action (terminating your employment) and its knowledge of your HIV status, 2) your former employer has the requisite number of employees and 3) you are filing within the statutory period. You may also meet threshold criteria for relief under state anti-discrimination law if such exists where you live.
For more specific information, I direct you to one of my previous answers (linked below) that speaks directly to the issue of workplace discrimination due to HIV status.
I wish you all the best!
withholding my unemployment because of my status
Is failing to disclose my HIV status a crime even if we use condoms?
This forum is designed for educational purposes only, and experts are not rendering medical, mental health, legal or other professional advice or services. If you have or suspect you may have a medical, mental health, legal or other problem that requires advice, consult your own caregiver, attorney or other qualified professional.
Experts appearing on this page are independent and are solely responsible for editing and fact-checking their material. Neither TheBody.com nor any advertiser is the publisher or speaker of posted visitors' questions or the experts' material.