Greg Daniels, 35, thought working at the ProCare pharmacy, which caters
to fellow HIVers in San Francisco’s Castro district, was his best job
ever—until fatigue and flulike symptoms hit in 2003. Daniels requested
a schedule reduction, but says management withheld the necessary
paperwork. “I couldn’t work—I didn’t know what to do.” So he
quit, then found a seminar at an AIDS service organization on HIV in
the workplace—which helped him snag a pro bono lawyer through San
Francisco’s AIDS Legal Referral Panel. That December, he began the long
lawsuit process against CVS, ProCare’s parent company. On May 10, 2005,
a jury awarded him $276,711 (a hefty amount for an HIV
job-discrimination case). CVS may appeal, telling POZ: “[We do] not
tolerate discrimination of any kind. We provided him with the form to
work part-time.” Says Daniels: “I hope other people know their rights
so what happened to me won’t happen to them.”
What are those rights?
The federal Americans With Disabilities Act (ADA) requires employers to
“reasonably accommodate” HIVers’ health-related work requests. But such
flexibility shouldn’t cause companies “undue hardship” or undue cost.
Accommodation may require compromise from both sides. HIVers commonly
request schedule changes, the option to work from home or a
refrigerator for meds. Jon Givner, director of the HIV Project at
Lambda Legal, advises talking to employers first, then submitting
requests in writing, referencing ADA rights. A lawsuit is the last
resort. But bringing home the bacon shouldn’t fry your
health.
LEGAL RESOURCES:
ACLU AIDS Project 212.549.2500 www.ACLU.org/HIVAIDS/
AIDS Legal Referral Panel 415.701.1100 www.ALRP.org
HIV Project at Lambda Legal 212.809.8585 www.lambdalegal.org
Gay and Lesbian Advocates and Defenders 617.426.1350 www.glad.org
