Greg Daniels, 35, thought working at the ProCare pharmacy, which catersto fellow HIVers in San Francisco’s Castro district, was his best jobever—until fatigue and flulike symptoms hit in 2003. Daniels requesteda schedule reduction, but says management withheld the necessarypaperwork. “I  couldn’t work—I didn’t know what to do.” So hequit, then found a seminar at an AIDS service organization on HIV inthe workplace—which helped him snag a pro bono lawyer through SanFrancisco’s AIDS Legal Referral Panel. That December, he began the longlawsuit process against CVS, ProCare’s parent company. On May 10, 2005,a jury awarded him $276,711 (a hefty amount for an HIVjob-discrimination case). CVS may appeal, telling POZ: “[We do] nottolerate discrimination of any kind. We provided him with the form towork part-time.” Says Daniels: “I hope other people know their rightsso 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 suchflexibility shouldn’t cause companies “undue hardship” or undue cost.Accommodation may require compromise from both sides. HIVers commonlyrequest schedule changes, the option to work from home or arefrigerator for meds. Jon Givner, director of the HIV Project atLambda Legal, advises talking to employers first, then submittingrequests in writing, referencing ADA rights. A lawsuit is the lastresort. But bringing home the bacon shouldn’t fry yourhealth. 



AIDS Legal Referral Panel

HIV Project at Lambda Legal

Gay and Lesbian Advocates and Defenders