EEOC Regulations Now Include HIV/AIDS as a Disability

New guidance from the EEOC classifies HIV/AIDS as a workplace disability under the Americans with Disabilities Act, reports POZ.

The U.S. Equal Employment Opportunity Commission (EEOC), the federal agency responsible for enforcing laws against workplace discrimination, has released the final revised version of its Americans with Disabilities Act (ADA) regulations, according to an EEOC statement. The EEOC's new regulations clarify that impairments of major bodily functions-such as being HIV positive-qualify as disabilities under the law. The revisions were triggered by the ADA Amendments Act of 2008, which overturned a number of Supreme Court rulings that defined "disability" narrowly, reinforcing the inclusive intentions of the original legislation.

The full EEOC statement can be read HERE.

This is very good news. The new regs will have a major impact on HIV positive persons ability to receive Social Security Disability and Supplemental Security Income (SSI) Disability benefits. It will also impact private, employment-based health insurance and disability coverage.

Persons living with HIV/AIDS are already protected from discrimination by the Americans with Disabilities Act.

Comments

[FREELEO]

Please don't attack me for this but I really need to understand this. Am I now suppose to look at all the people I know who are HIV positive as having a disability? Are people with hiv now going to get preferential treatment when it comes to jobs? Most of the people that I know who are hiv positive don't have "major bodily impairments." How does this affect them? Please someone explain this to me because right now I don't understand. And try to do it without attacking me because I promise you, that if I don't understand, most Americans won't understand.

[Alex]

Just because you have HIV doesn't mean you're automatically disabled; it can lead to being disabled, but that's not a foregone conclusion.

It seems to me that this is just the easiest way to shoehorn in laws protecting HIV+ individuals from some forms of discrimination. I'm all for the end result, but not necessarily the means.

[Carlos]

Freeleo:

Alex makes a point: "Just because you have HIV doesn't mean you're automatically disabled; it can lead to being disabled, but that's not a foregone conclusion."

Rod said this in the last paragraph: "The new regs will have a major impact on HIV positive persons ability to receive Social Security Disability and Supplemental Security Income (SSI) Disability benefits. It will also impact private, employment-based health insurance and disability coverage."

If you are poz, get very sick and are missing days from work, your illness can be classified as a disability ... so you wont lose your job. And if you are poz and unable to work, this will facilitate Medicaid, SSI and disability benefits.

BTW Alex, people with HIV/AIDS are already protected from discrimination by the Americans with Disabilities Act.

[Frater Gymnos]

i'm asymptomatic, but i still have to take time off work to see my docs more frequently than most people. if i chose to share with my boss, that would be a nice assurance to have that i could get reasonable accommodation to use my sick time for doctors' visits.

[Procrastination_Xtravaganza]

Freeleo,

I'm wondering some of the same things, like in NYC can all the HIV positive people go get reduced fare metrocards? Get a handicapped drivers license?

Is your question related to job placement or treatment in their current job? I'd assume like a couple people said, that absences from work may be handled differently, and benefits easier to claim, but I'd doubt HIV positive people could/would angle their status to beat you out for a job.