We have come a long way in the United States from the days when people suffering from AIDS/HIV were ostracized and victimized due, in large part, to ignorance about the disease. Unfortunately, we have yet to completely eradicate the myths and misconceptions surrounding AIDS/HIV. As a result, people suffering from AIDS/HIV continue to face discrimination in various forms, including in the workplace. If you have AIDS/HIV and have been fired from a job you may be wondering “ Can an employer fire me for having AIDS/HIV? ”

The bottom line answer is that “no”, an employer cannot legally fire you because you have AIDS/HIV. That does not mean it does not happen. It just means that if an employer does it the employer is violating the law. The Americans with Disabilities Act, or ADA, protects workers who have a disability from discrimination in the workplace. The ADA covers workers who have “a physical or mental impairment that substantially limits one or more major life activities, including major bodily functions such as the functions of the immune system; has a record of such an impairment; or has an actual or perceived mental or physical impairment that is not transitory and minor and is subjected to an action prohibited under the ADA.” In fact, the ADA is broad enough that it even covers you if you were discriminated against because an employer thought you have AIDS/HIV, even if you don’t and/or if the discrimination was the result of your association with someone who does have AIDS/HIV. In other words, all three of the following scenarios would likely be covered under the ADA:

• You are fired because your employer finds out that you actually suffer from AIDS/HIV.
• You are fired because your employer heard a rumor that you have AIDS/HIV and believed the rumor.
• You are fired because your spouse has AIDS/HIV.

Although an employer cannot fire you because you have AIDS/HIV, your employer can make employment related decisions based on health and safety factors. In other words, you could be excluded from a position because your condition poses a direct threat to your health or safety of or to the safety of others and the risk cannot be adequately reduced by making a reasonable accommodation. A “direct threat” is defined as one that poses a significant risk of substantial harm. This caveat applies to any medical condition, not just to AIDS/HIV.

If you believe that your rights under the ADA have been violated you may be able to pursue legal action against your employer. Contact an experienced Florida employment law attorney as soon as possible to discuss your options.