Concern about discrimination has shaped HIV prevention in the United States. It has been widely accepted that protection against discrimination is an essential element of effective prevention policy. Particularly in the early days of the HIV epidemic, courts applying antidiscrimination law were important educators of the public about the actual versus perceived risks of HIV, and arguably set a standard of rationality for treating people with HIV that has had a lasting impression. Since 1992, employment discrimination based on HIV-status has been prohibited by the Americans with Disabilities Act, which requires that all complaints of discrimination be filed initially with the Equal Employment Opportunity Commission (EEOC) or a state or local fair employment practices agency. Despite the importance ascribed to HIV discrimination, however, we know very little about how often people suffer discrimination based on HIV, whether they seek legal help, and the outcomes of their cases. We have been studying the enforcement of the ADA’s employment provisions since they came into effect in 1992. Using data from our larger study, we will report in this presentation on the extent to which individuals with HIV have benefitted from filing an administrative charge of employment discrimination under the ADA , the type of benefits received, and the amount of monetary benefits received. Our findings show that ADA complainants with HIV benefit more than other complainants from filing an ADA charge. We will also discuss the EEOC’s new mediation program and its consequences for people with HIV filing ADA charges.
Learning Objectives: N/A
Keywords: Disability Policy, HIV/AIDS
Presenting author's disclosure statement:
Organization/institution whose products or services will be discussed: None
Disclosure not received
Relationship: Not Received.