Legal Question in Civil Rights Law in Maryland
HIV discrimination
I was diagnosed as HIV positive, had told a coworker, and after my coworker was terminated the information got back to the store owner. One night my owner confronted me about the issue telling me he believes it is impacting my work performance, telling me he NEEDS to know if its for sure and that I have to get multiple tests, and also outright calling me confused and a liar. Two days later he has a similar conversation about it with the store manager in which he recaps the subjects above and goes as far as to say ''I won't shake his hand if it was covered in blood,'' and ''I would never share the same toothbrush with the guy!''
This is unacceptable commentary and behavior and I feel like my job is in jepoardy and I'm being harassed over what I consider to be a non-issue. Do I have any legal rights?
1 Answer from Attorneys
Re: HIV discrimination
You definitely have rights under the Americans with Disabilities Act and the state counterpart law (Art. 49). Even if your HIV status does not make you ill or require any accommodation, the fact that you are being subject to a hostile work environment because of their perception of your disability is a basis for action. If sexual orientation is also an issue, the MD/DC state laws protect against discrimination on that basis as well (but not the federal statutes). The question is, what relief are you seeking? We can outline your options during an initial consultation. We handle employment discrimination cases in MD and DC (state and federal courts).
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