Legal Question in Discrimination Law in New Mexico

hiv discrimination

I was recently diagnosed with hiv I am a heterosexual male I also prior to my diagnosis was interviewed by my district manager for a promotion.While I was in the hospital my immediate supervisor asked me through the phone if I had aids I said no feeling this is none of his buisness. The company I work for has a rx (national chain).After going back to work my manager never once mentioned anything about moving up the company ladder (he talked about it all the time before I got sick)I was transferred to another location shortly after.My new manager is ready for retirement so this is not considered a training store for potetial managers.I have asked about my status as far as being promoted.He replied the DM does'nt even mention your name.Three people were interviewed two got promoted all except myself have been asked to take additional training that is now required.I have been with this company for many years and prior to this thought it was a great place to work.Is this a hipa violation or discrimination?


Asked on 1/26/05, 10:19 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: hiv discrimination

Probably not, but it may well be a violation of the Americans With Disabilities Act. Contact the Equal Employment Opportunity Commission in your area [EEOC] under federal government listings for further information concerning your rights.

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Answered on 1/26/05, 10:43 am


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