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workplace rights
Jan 2, 2013

I currently work the overnight shift for a company i have been employed at for seven yrs now.the overnights are too much for me right now done to my health and meds i take.my doctor filled out paper staying the importants for me to come off overnights .will the company fire me since am hiv pos and can no longer work nights

Response from Mr. Chambers

Your employer cannot fire you because you are HIV+. However, if you are unable to do the job, for whatever reason, you can be terminated.

However, you may be protected under the American with Disabilities Act (ADA). If your employer has more than 15 employees, you and the employer come under ADA.

You need to request "reasonable accommodation" due to your condition. For more information on how best to request it, go to this site. go to this site. It will give you more information.

Your doctor will assist by stating why your current job needs accommodation for your condition. While your doctor can recommend the change from overnight shifts, it is your employer who decides what accommodation to provide and whether it is "reasonable" for the employer.

You will note in the link that you have to tell the employer why you need accommodation, the fact that it is HIV cannot be the reason for refusing the accommodation or terminating you. It is the symptoms that require accommodation, not the diagnosis.

Good luck, Jacques



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