RE: Whats next??
Jul 19, 2004
Nancy, I did go to our human resourses dept. I did everything I thought i was supposed to do. I sent a question in to this forum, (ADA-question FEB 06,2004) and the answer was if the resonable accomidation was not allowed to contact the EEOC. I do thank you for your help that you offer persons in this forum, I have lost one job prior due to HIV and management having issues with it, and didnt want this to happen to me again. But it has. I dont want pitty from anyone, That is why I do not disclose my HIV until i have to. I enjoyed my job (until the new manager came), he had issues with 1)me being gay 2) requesting accomidation. Sorry if i have confused you, i will survive. Thank you again
<i>[Editor's Note: This followup question is in response to <a href="http://www.thebody.com/Forums/AIDS/Workplace/Current/Q158261.html">another message</a> posted on July 18]</i>
Response from Ms. Breuer
Ah, this additional information is helpful!
First, so that this doesn't happen to you again, please keep in mind that you DO NOT have to disclose your HIV status, even when requesting an accommodation. You make the accommodation request not for a diagnosis (HIV), but for a functional limitation (such as fatigue). If anyone at work asks you what the diagnosis is, ask, "What difference would that make?" but don't answer the question. It's an illegal question. Functional limitation, the language of the ADA, means something that's keeping you from doing the full job on the schedule of the workplace. Your request, for a limitation on your total number of hours to work in a week, was a typical request and should probably have been granted, from the information I have.
You don't say why HR refused the accommodation request, but now you are at the mercy of the EEOC, and I understand better why you are. Stay on their case, and I wish you well. Please continue to document whatever happens. YOu may need the paper trail
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