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| Gay & Lesbian Advocates & Defenders | ||
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?A: This is only legal information and you should always consult with an immigration attorney before starting the green card application process. An HIV test is required of all green card applicants, and being HIV positive is grounds for exclusion from entering the US. All persons applying for a green card should know their HIV status before starting the process so they are prepared with how to proceed. HIV positive immigrants can apply for HIV waivers to gain entry into the US. If you have questions about the HIV waiver process please call our Legal InfoLine at 800-455-GLAD for answers and referrals to immigration attorneys and clinics. Please see GLAD’s publication Immigration Issues and Resources available in English and Spanish. Don't Be Surprised By The Law!Many courts in other parts of the country have ruled that anti-discrimination laws do not protect HIV-positive health care workers who perform invasive procedures from being fired on the grounds that they pose a theoretical risk of transmision to patients. GLAD disagrees with those cases and will fight to protect the rights of all people with HIV in New England. If you or someone you know is confronted with potential employment discrimination in a health care setting, call the AIDS Law Project's Legal InfoLine at 800-455-GLAD. |
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