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returning to the work place
Aug 14, 2013

In October 2012, I was told I was HIV positive> I was unable to work until May 2013 due to my immune system being so weak and expriencing other health issues. Upon returning to work they reduced my hours and said as I felt up to the challange they would put me back on full time, I have yet to be put back up to full time status. To the best of my knowledge my employer does not know the case of my illness or that I am HIV positive. What is my course of action?

Response from Mr. Chambers

That's a tough position. First, if your employer doesn't know your status or medical condition, there cannot be a claim for discrimination due to that.

Also, unless your employer had a longer than usual medical leave of absence policy, they did not have to rehire you, but they did, albeit with fewer hours.

Are you ready to go back to full-time? Have you communicated that to your employer? If not, tell them you are ready for full-time and see what they say.

Are you sure the employer does not know your diagnosis? Possibly they found out indirectly, by reading a claim form, hearing from the insurance agent for example. If so, you may have a discrimination issue. Then you should consult an attorney.

Good luck, Jacques

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