Whether we like it or not, HIV and AIDS are real problems facing the LGBT community. The question one often asks is whether they should tell their employer if they are HIV positive. This can become a point of major contention amongst legal scholars and just ordinary citizens. How, then, are you supposed to figure out what to do?
Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer’s business needs. ~US EEOC
After having been diagnosed with a chronic neuropathic facial pain condition a little over a year ago, I realize how important it is to work with your employer regarding your medical condition. In the beginning, I needed to take quite a few 1/2 days of vacation to go to doctors’ appointments (yes, that is more than one doctor). My managers were thankfully kind enough to let me use my vacation time to seek the proper treatment. They have also been understanding of sick time usage… as far as I know. I have only disclosed that I have a chronic pain condition, not the entire details.
While my condition, trigeminal neuralgia, is not considered a disability by the US government, I would certainly consider telling a future employer that I have a condition that may require me to take x amount of time off. Hopefully they are willing to work with you. Luckily, there are many protections under the Americans with Disabilities Act (ADA) for people suffering debilitating conditions such as mine. I have provided links to some great resources below. For those with HIV/AIDS it can be a struggle to hold down a job due to medication side effects, illness, etc. Should you tell your employer?
As you see in the quotation above, your current or future employer cannot ask about your medical condition(s). You should only tell them that you have an disability that will make certain demands on your position. It is illegal for them to fire or not hire you simply because you have an illness or disability. While I am not a lawyer, I would suggest that you be upfront with a future or current employer so that your needs can be taken into account without disciplinary action up to and including dismissal. It is truly a moral issue which you must decide. Tell or don’t tell. In the end, it is probably best to inform human resources of the issue.
Social Security Administration: List of Impairments
SSA: When is HIV a disability?
Americans with Disabilities Act (ADA) of 1990, Revised
US Equal Employment Opportunity Commission: Americans with Disabilities Act
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Yes you right, and thanks for your thoughts. it is looking like that we have to more work hard in the field. But nice article to gain some good knowledge.