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HIV and STD Criminalization Laws 2021In 12 states, laws require people with HIV who are aware of their status to disclose their status to sex partners, and 4 states require disclosure to needle-sharing partners. The maximum sentence length for violating an HIV-specific statute is also a matter of state law.
In most cases, your employer will not know your HIV status unless you tell them. But your employer does have a right to ask if you have any health conditions that would affect your ability to do your job or pose a serious risk to others.
Generally, employers cannot ask you whether you are HIV-positive, or whether you have any other medical condition, before making a job offer.
Under federal law, employers may not fire or refuse to hire someone with HIV or another disability if the person can perform essential functions of the job. This assures that the person will not be considered unqualified simply because of his or her inability to perform marginal or incidental job functions.
You have no legal obligation to tell your employer you have HIV or AIDS. If you do tell your employer, you may be discriminated against. Under the Americans with Disabilities Act and other laws, people with HIV or AIDS may be termed disabled and entitled to get reasonable accommodation at work.
The Fair Housing Act (FHA) prohibits discrimination against individuals with disabilities, including HIV or AIDS.
Employers are not allowed to discriminate against you simply because you have HIV infection. This includes firing you, rejecting you for a job or promotion, and forcing you to take leave.
Generally, employers cannot ask you whether you are HIV-positive, or whether you have any other medical condition, before making a job offer.
Q: Are people with HIV or AIDS protected by the ADA? A: Yes. An individual is considered to have a "disability" if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.