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, you can take steps to fix these situations. You are not powerless. You and your 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 office in your state, a private attorney, or your local legal aid office. Don't wait. There could be deadlines for filing certain types of complaints.

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 reasonable accommodations 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 your HIV status. 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.

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 Resources:

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

HIV & the Law — This Web site provides a summary of legal issues as they relate to HIV/AIDS. It includes suggestions for building HIV/AIDS workplace programs and policies.

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

HIV/AIDS Workplace Issues FAQ — This section of the Centers for Disease Control and Prevention’s (CDC) Business Responds to AIDS/Labor Responds to AIDS (BRTA/LRTA) web site has answers to frequently asked questions regarding policy, legal and workplace issues and persons with HIV/AIDS.

http://www.brta-lrta.org/faqs/faqs.htm

Questions and Answers: The Americans With Disabilities Act 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, and air transportation. It also provides a list of resources.

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

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/civilrights/resources/factsheets/hivaids.pdf

Organizations

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Content last updated March 4, 2009.

Women & HIV/AIDS