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Once someone qualifies for an AIDS diagnosis, it's permanent, even if their health improves.
Persons with HIV disease, either symptomatic or asymptomatic, have physical impairments that substantially limit one or more major life activities and thus are protected by the ADA. Persons who are discriminated against because they are regarded as being HIV-positive are also protected.
In order to be diagnosed with AIDS, you have to have fewer than 200 CD4 cells per cubic millimeter of blood (200 cells/mm3), OR you must have developed what are called opportunistic infections (OIs) or certain cancers. You can develop AIDS even if your CD4 count is not 200 or lower.
The Florida Omnibus AIDS Act stipulates that HIV testing must be informed, voluntary, and confidential and shall be preceded by an explanation of the right to confidential treatment of information identifying the subject of the test and the results of the test to the extent provided by law (Florida Senate, 2010).
People living with HIV/AIDS may qualify for the following disability benefits provided by the Social Security Administration (SSA): Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
Anyone who is currently using drugs illegally is not protected by the ADA and may be denied employment or fired on the basis of such use. The ADA does not prevent employers from testing applicants or employees for current illegal drug use.
People with HIV, both symptomatic and asymptomatic, are protected by the ADA. The ADA also protects persons who are discriminated against because they have a record of or are regarded as having HIV, or they have a known association or relationship with an individual who has HIV.
In response to the growing fears and sometimes irrational attitudes associated with the deadly disease AIDS, the 1988 Florida Legislature passed the Omnibus AIDS Act, affecting twelve substantive areas of law.
The Americans with Disabilities Act (ADA) of 1990 is a civil rights law that protects people with disabilities from discrimination. The ADA considers HIV and AIDS to be disabilities that substantially hinder one or more life activities, regardless of whether or not a person has symptoms.
To be protected by the ADA, one must have a disability, which is defined by the ADA as a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.