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HIV/AIDS

Accommodation and Compliance: Human Immunodeficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS)

About HIV/AIDS

HIV (Human Immunodeficiency Virus), the virus that causes AIDS, is a life-long disease that compromises the body’s immune system, making it difficult to fight-off illnesses and other diseases. HIV infection leads to AIDS (Acquired Immunodeficiency Syndrome) when the CD4 cells, also known as T Cells, of the immune system are destroyed to the point where the body cannot fight off infections and diseases (CDC, 2015). AIDS in the final stage of HIV infection.

HIV/AIDS and the Americans with Disabilities Act

Is HIV/AIDS considered a disability under the ADA?

The ADA does not contain a list of medical conditions that constitute disabilities. Instead, the ADA has a general definition of disability that each person must meet on a case by case basis (EEOC Regulations . . . , 2011). A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having such an impairment (EEOC Regulations . . . , 2011).

However, according to the Equal Employment Opportunity Commission (EEOC), the individualized assessment of virtually all people with HIV/AIDS will result in a determination of disability under the ADA; given its inherent nature, HIV/AIDS will almost always be found to substantially limit the major life activity of immune function (EEOC Regulations . . . , 2011).

Accommodating Employees with HIV/AIDS

Note: People with HIV/AIDS may develop some of the limitations discussed below, but seldom develop all of them. Also, the degree of limitation will vary among individuals. Be aware that not all people with HIV/AIDS will need accommodations to perform their jobs and many others may only need a few accommodations. The following is only a sample of the possibilities available. Numerous other accommodation solutions may exist.

Questions to Consider:

  1. What limitations is the employee experiencing?
  2. How do these limitations affect the employee and the employee’s job performance?
  3. What specific job tasks are problematic as a result of these limitations?
  4. What accommodations are available to reduce or eliminate these problems? Are all possible resources being used to determine possible accommodations?
  5. Has the employee been consulted regarding possible accommodations?
  6. Once accommodations are in place, would it be useful to meet with the employee to evaluate the effectiveness of the accommodations and to determine whether additional accommodations are needed?
  7. Do supervisory personnel and employees need training?

Accommodation Ideas:

Situations and Solutions:

JAN Publications & Articles Regarding HIV/AIDS

Articles

  • No Articles available for HIV/AIDS

Blog Posts

  • No Blog Posts available for HIV/AIDS