March 28, 2011

New EEOC Regulations Include HIV as a Disability

The U.S. Equal Employment Opportunity Commission (EEOC), the federal agency responsible for enforcing laws against workplace discrimination, has released the final revised version of its Americans with Disabilities Act (ADA) regulations, according to an EEOC statement. The EEOC's new regulations clarify that impairments of major bodily functions-such as being HIV positive-qualify as disabilities under the law. The revisions were triggered by the ADA Amendments Act of 2008, which overturned a number of Supreme Court rulings that defined "disability" narrowly, reinforcing the inclusive intentions of the original legislation.

To read the EEOC statement, click here.

Search: HIV, EEOC, ADA, disability, workplace discrimination

Scroll down to comment on this story.

Previous Comments:

Vincent, camden, 2011-05-13 08:41:07
I just read the message from Gary Miller and think he should read the reply from poz and follow their example.

Daddy Bearby, Birmingham, 2011-05-11 10:04:07
Now with this new information at hand I a seriously reconsidering returning to the status of a parttime working stiff . I had previously outed my self as getting my ssd/ssdi to my employer but did not inform them of the nature of my disability at that time. But now with this new info available i am sure that a position within the hospilaty field will be more obtainable once again because they will only be informed of the nature of my disability on a need to know basis !

SingleInAustin, Austin, 2011-04-30 22:08:50
I'm hoping this plays to my favor. I ahve a pending SSD application based on AIDS and a co-infection of HCV (surprise to me). I do know that SSA likes to make sure you are all but destitute before they award you a claim.

Allan Smith, Long Beach, 2011-04-03 20:27:48
What will this mean for us with HIV wanting to be eligible for disability payments?

James, San Jose, Ca, 2011-04-01 16:54:01
This is good news

keith, , 2011-04-01 16:40:09
great! i was given ss disability in 03 based on a few factors, one being HIV+ but not with AIDS. last year ss sent me a form to review my continuing disability. i completed it but was quite nervous as i was still HIV+ but not AIDS. ss responded that "We do not need to review your case at this time. We will not contact your doctor. We will keep any information that you have given us." Guess they have been educated that HIV can be as debilitating as full blown AIDS.

anna, monmouth county, 2011-03-31 19:53:03
if a person had applied 18yrs ago for disability who was hiv then was denied for disabily can they now go back to reapply for it? what if you were given ssi instead can you go back reapply for disability being full aids now? please email me personally if possible

Poz in Baltimore, Baltimore, MD, 2011-03-31 14:42:59
Gary, I am sorry about your experience. You should have first hired a discrimination attorney and allowed them to file a complaint with the EEOC on your behalf. I sued my job a few years ago. Not only was I represented by an attorney, but the EEOC also filed the lawsuit on my behalf and their attorney represented me as well. It was great to not only have personal legal representation, but to have federal legal representation as well.

Robert Inman, Columbus, OH, 2011-03-29 18:36:12
This is all well and good but gaurantee Human Resource Dept.'s will alter hiring agreements along with/if any benefits info to state HIV as a non-covered item, just as birth control pills have been forever, so that way if a person DOES make an ADA/EEOC claim, their big bucks legal dept. will make sure your ONLY option is FMLA (Family medical Leave Act), in which a person indeed is NOT paid. Before my disabilty with VA and SSDI I worked for AFLCIO/activist, and that's how corp.'s will evade this!

Phillip Ramsey, Panama City,Fl, 2011-03-29 09:41:43
I am so glad that this has finally happened. It is about time. I had to keep my status secret while continuing my career!

Gary Miller, Arlington TX, 2011-03-29 09:39:48
Once my boss found out I was HIV+, he remarked, " oh, you G-----n fags!". Of course I left my job immediately. I will not work for any company that has the set of a pea brain. I contacted EEOC and let them know I felt discriminated against, due to my disability. The lady at EEOC said gays were not covered by law, which I responded by asking at what point in this conversation did I say I was gay? She said I remedied the situation by quitting. I hung up dumfounded. Being pos did not help.