I am trying to determine if an employee being fired because he has HIV Is in violation of Title VII.
Employment / Labor Attorney
The ADA is a separate statute from Title VII, but both of them are administered by the EEOC.
Employment / Labor Attorney
The Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA) is a federal statute, distinct from the Civil Rights Act of 1964, Title VII 42 U.S.C. §§ 2000e to 2000e–17 (Title VII). However, the ADA borrows its remedies from Title VII.
Discrimination on the basis of HIV status is often a violation of the ADA. Please look at my Avvo guide on the ADA: http://www.avvo.com/pages/show?category_id=6&permalink=disability-discrimination-in-employment.
Employment law is complicated and fact-specific. You may wish to consult with an experienced plaintiffs employment lawyer. You can find a plaintiffs employment attorney on the National Employment Lawyers Association (NELA) web site www.nela.org. NELA is the largest and most influential bar association in the country for attorneys representing working people. You can search by location and practice area. Also, NELA has affiliates in every state and many cities which are listed on the NELA site. Not all NELA attorneys are named on the web site or affiliate site. This should not influence your selection; attorneys can choose whether or not to purchase a listing in the national directory, and each affiliate has its own rules for listing.
I hope you can resolve your situation and wish you the best.
twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
If an employee is fired because he has HIV, it is a violation of the Americans with Disabilities Act. You should talk to an attorney to determine whether your termination was illegal. You must also file with the EEOC within 180 days to preserve your rights.