Women and HIV/AIDS - Living with HIV/AIDS

Your Rights

Unfortunately, as someone with HIV, you may face discrimination. Whether you're being refused housing, refused treatment from your gynecologist, or a school won't admit your child with HIV, there are things you can do in these situations. You are not powerless. You and you children should have the same rights, regardless of your HIV status.

The American Civil Liberties Union (ACLU) reports common problems reported by people with HIV/AIDS:

denial of medical treatment

violations of privacy (HIV status illegally revealed)

loss of parental custody or visitation

discrimination in the workplace

refusal of admittance into nursing homes and residential facilities

If you think your rights have been violated because of your HIV status, contact the ACLU AIDS Project at 212-549-2627 or hiv@aclu.org. You can also contact the ACLU office in your state.

More About Working

Having HIV doesn't mean your professional life ends. But it will be vital for you to understand your rights under your employer's leave policies and health and disability benefits. Disability benefits give you a portion of your pay if you are sick for a long time, after your job's regular sick time runs out. It is also your employer's responsibility to make a reasonable accommodation to meet your needs. This is an adjustment to the job, like a modified work schedule. Remember — you are protected by the Americans with Disabilities Act (ADA). The ADA gives federal civil rights protections to people with disabilities, and makes sure you get equal treatment for everything from public services to jobs. You cannot be discriminated against because you're HIV positive.

Keep in mind that it is your choice to tell your employer that you're positive. An employer can only request information from you that is necessary and job-related. If you do disclose your HIV status, you have the right to complete confidentiality. This information must be kept apart from general personnel files as a separate, confidential medical record, available only under limited conditions.

More About Health Insurance

Regardless of your health status, it's important to understand your health insurance. So if you get sick, you know what to expect. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) helps people with HIV/AIDS get and keep their health insurance. HIPAA has these rules:

limits exclusions for pre-existing conditions

doesn't let group insurance plans deny insurance to you or charge you more because a family member had or has a health problem

guarantees that certain people can buy their own health insurance plans if not covered by their job

guarantees that you can renew your health insurance regardless of any health problems you have

Additional Information on Your Rights:

Publications

Frequently Asked Questions about Housing Discrimination - The online fact sheet discusses the Fair Housing Act, the Equal Credit Opportunity Act, and Title II of the Civil Rights Act of 1964. It explains how the Department of Justice enforces them and what to do if you believe you have been a victim of housing discrimination.

http://www.usdoj.gov/crt/housing/faq.htm

Questions and Answers: The ADA and Persons with HIV/AIDS - This report covers several issues concerning the Americans with Disability Act and persons with HIV/AIDS including employment, public accommodations, state and local governments, telecommunications, housing, air transportation. It also contains a list of additional resources.

http://www.usdoj.gov/crt/ada/pubs/hivqanda.txt

Workplace Education: HIV & the Law - This section provides a broad overview of legal issues as they relate to HIV/AIDS. It includes suggestions for building HIV/AIDS workplace programs and policies that conform to Federal legal requirements and expectations.

http://www.hivatwork.org/law/law.htm

Your Rights as a Person with HIV Infection or AIDS - This statement from the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) explains what protections are in place to prevent discrimination against people with HIV or AIDS. It also explains how to file a complaint.

http://www.hhs.gov/ocr/aids.html

Policy Statement: Education of Children With Human Immunodeficiency Virus Infection (Copyright © AAP) - In this policy statement, the American Academy of Pediatrics supports the rights of HIV positive children to participate in school and educational activities.

http://aappolicy.aappublications.org/cgi/content/full/pediatrics%3b105/6/1358

Organizations

= Indicates Federal Resources

Content last updated January 25, 2008.