Legal Question in Employment Law in Florida
HIV + Discrimination
The owner of the company I work for asked yesterday if I was HIV +. I answered, ''No.'', even though I am HIV +, then asked my boss why he was asking. My boss replied that he had just found out he would not be getting a rebate on the company health insurance because someone at the office is HIV + and he was trying to find out who it is. My boss is very good friends with his insurance agent. We only have about 40 employees so I don't think it will take very long for my boss to figure out I'm the one who's HIV +, if he doesn't already know. My boss and I have always gotten along very well, and the people at work know I'm gay. Immediately after asking me if I am HIV + my boss gave me a written warning for calling in sick the day before. That was totally out of character for him. My question is what, if any steps I should take to protect myself.
1 Answer from Attorneys
Re: HIV + Discrimination
Your case sounds very interesting..
Several issues are raised by the situation you described...First, document what happened by collecting documents, witness names and locations, and summarizing events chronologically
Second, without delay, contact the Miami or Tampa office of the EEOC or the State FCHR. Ask to speak to an intake counselor.There is a short limitations period for beginning the case. Third, get counsel to pursue possible claims based on sex discrimination, disability discrimination, or breach of confidentiality/invasion of privacy claims against (possibly) the person who improperly (?) disclosed your health status.