Our team of experts fields real-life, everyday questions from HR managers and gives practical answers that can be applied by any HR pro in the same situation. Today’s question: Would HIV-positive employees be considered disabled under the new ADA rules?
Question
We know the definition of disability has been greatly expanded under the Americans with Disabilities Act Amendments Act (ADAAA). Does that expansion cover HIV-positive staffers who are otherwise totally healthy?
Answer
Yes, says Jennifer Hays Gorman (jhgorman@warrenhays.com) of the HR consulting firm Warren and Hays.
In the past, courts have dismissed HIV bias claims by otherwise healthy men who couldn’t show their HIV infection had substantially limited one or more of their major life activities.
The ADAAA, however, makes it clear that an immune system function is a “major life activity.” Therefore, employees who are HIV-positive could likely qualify as disabled.
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