Legal Question in Employment Law in Florida

Re: Hiv Discrimination in the work place

Your employer may be in violation of two federal laws that protect employees. The Americans With Disabilities (ADA) protects employees with a disability from adverse employment actions (such as failure to promote) based on their disability. A few years ago HIV was almost always seen as a covered disability under the ADA. These days there are some courts that have found HIV status to be only an "impairment" and not covered under the ADA. This may be an issue you need to discuss with an employment lawyer. As to time off for medical treatment the Family Medical Leave Act (FMLA) requires certain covered employers to allow employees time off for medical treatment. The ADA is enforced by the EEOC and the FMLA is enforced by the Department of Labor. Send me an e-mail ([email protected]) if you need more information or would like to talk about this in more detail.