by Natalie B. Virden
In 2010, the White House issued a National HIV/AIDS Strategy for the United States (NHAS). One step identified in the NHAS is to reduce stigma and discrimination against people living with HIV/AIDS. The Equal Employment Opportunity Commission (EEOC) has been utilizing its enforcement and litigation functions in recent years in an attempt to eradicate employment discrimination based on HIV status. In fiscal year 2014, the EEOC resolved almost 200 charges of discrimination based on HIV status and obtained more than $825,000 for job applicants and employees with HIV/AIDS who were unlawfully denied employment and reasonable accommodations.
For example, in one recent case, the EEOC alleged that an employer withdrew a conditional employment offer after the applicant submitted a health status certification that revealed he is HIV-positive but also stated that he was cleared to work. In settling the case, the EEOC received $75,000 for the rejected applicant. In another case, the EEOC sued an employer for terminating an employee after he disclosed that he is HIV-positive. To settle the case, the employer agreed to pay the employee $125,000 and admit that his continued employment after he became HIV-positive was not a health threat.