AIDS Law Project's Legal InfoLine Sample InfoLine Q&A GLAD’s Legal InfoLine is ready to answer your questions and provide information and referrals to you and your clients. Here are a few examples:

Q:  I am HIV positive and I live in an apartment complex. I had trouble making my last rent payment and I disclosed my HIV status to my landlord when discussing my payment issues. Later he sent me a notice saying I am no longer allowed to use the community pool. I thought that was absurd and I continued to use it. He later sent me an eviction notice. What can I do?

A: Both Massachusetts General Law 151B and the Federal Fair Housing Act make it illegal to discriminate in housing on the basis of a person’s disability, such as HIV. Discrimination in housing can take a variety of forms, including:

• The refusal to sell or rent a property based on a person’s HIV status
• Being treated differently from other tenants because you are known or suspected to have HIV (i.e. being treated differently based on fears and irrational beliefs about the risk of HIV transmission)
• Eviction from an apartment based on a person’s HIV status
• Facing harassment because you are known or suspected to have HIV

Policies for the housing complex should apply to all tenants and prospective tenants equally. If you feel that you are facing unequal treatment in your housing complex because of your HIV status please contact our Legal InfoLine at 1-800-455-GLAD to learn more about your rights and how to file a complaint.

Q:  I am HIV positive and I work full time for an engineering firm in Boston. My doctor informed me that I will need to make more regular appointments, and that the side effects from my HIV meds may cause me to experience fatigue. I don’t want to lose my job, but I’m worried that my medical condition will interfere with my ability to work a full day. What can I do?

A: Under certain circumstances, an employer has an obligation to modify or adjust job requirements or workplace policies to enable a person with a disability, such as HIV or AIDS, to perform his/her job functions. This is known as a reasonable accommodation. There is no fixed set of accommodations which an employer must grant or that an employee may request. Therefore, it is very important for the employee and employer to negotiate an accommodation that will satisfy both of their needs. It is the responsibility of the employee to request the accommodation. The employer is not required to grant such a request if it will create an undue burden on the company, or if the employee still cannot perform the job duties if the accommodation is granted.

For information about how to request a reasonable accommodation, what documentation you need to provide, or if you believe you were wrongly denied such a request please contact our Legal InfoLine at 1-800-455-GLAD.

Q:  I am from the Ivory Coast where I faced a tremendous amount of stigma and discrimination because of my HIV status. Can I get political asylum based on my HIV status?

A: In order to win asylum, a person has to show that he/she has good reason to fear persecution in his/her home country based on race, religion, political opinion, nationality or membership in a social group. Asylum is not granted based on the lack of medical care or treatment for HIV/AIDS. To get asylum based on HIV status, it must be shown that the stigma and discrimination of having HIV is so severe that the person would experience persecution in all aspects of life and the government will not, or cannot provide protection. These cases are rarely won. If a person with HIV applies for asylum and is denied, it could lead to deportation. All people with immigration issues should contact an immigration attorney to discuss their particular situation, and the best possible options for entering the United States.

For more information, read our HIV and Immigration Publications in English (pdf) or Spanish (pdf). For referrals to appropriate Immigration agencies and attorneys call our Legal InfoLine at 1-800-455-GLAD.

Q:  I got into a fight with my roommate and now he’s saying I spat on him. He filed criminal charges against me for assault and battery with a deadly weapon and attempted murder because I am HIV-positive. I have to go to court for a hearing and I don’t know what to do.

A: Due to public fear and ignorance about HIV transmission, people often try to take advantage of someone’s HIV status as a way to get an upper hand in a personal conflict. The first step here is a clerk-magistrate’s hearing in the district court to determine whether the court should issue a criminal complaint at all. It is important to demonstrate that spitting on someone is not an attempt to inflict harm because HIV is not transmitted by saliva. Call GLAD’s Legal InfoLine at 800-455-GLAD for information about the clerk-magistrate’s hearing. Let us know immediately if the court issues a criminal complaint.

Q: I recently received a job offer from a moving company in Massachusetts. However, a condition of employment is that I take a physical and a drug test. I was recently diagnosed as HIV positive and I’m nervous about having to answer questions about my health and what medications I am taking. What information is my employer entitled to with regards to my HIV status?

A: Both the Federal Americans with Disabilities Act and the Massachusetts Anti-Discrimination Laws provide some, but not complete protection regarding an employer’s health inquiries. During the interview process and before an offer of employment is made, an employer cannot ask any questions about your health condition or medical history. After a conditional offer of employment the employer is entitled to more information such as a medical exam and history to determine whether or not an employee can perform the job tasks, even if a reasonable accommodation is necessary. Unfortunately, there are almost no limits to the employer’s health questions after an offer is made. In some states, such as Massachusetts, an employer is banned from requiring an HIV test. An employer’s inquiry into a person’s current medications is the most frequent challenge for many people on HIV medications. If you are in this situation, call our Legal InfoLine at 800-455-GLAD and we will help you assess the situation and strategize about your concerns.

For more information about privacy, disclosure and confidentiality in the workplace please see GLAD’s publication on HIV Workplace Protections in MA.

Q: I am HIV positive, how can I obtain a green card?

Please see GLAD’s publication Immigration Issues and Resources available in English and Spanish.

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