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Human Immunodeficiency Virus (HIV)

Accommodation and Compliance: Human Immunodeficiency Virus (HIV)

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About Human Immunodeficiency Virus (HIV)

HIV (Human Immunodeficiency Virus), the virus that causes AIDS, is a life-long disease that compromises the body’s immune system, making it difficult to fight-off illnesses and other diseases. HIV infection leads to AIDS (Acquired Immunodeficiency Syndrome) when the CD4 cells, also known as T Cells, of the immune system are destroyed to the point where the body cannot fight off infections and diseases. AIDS in the final stage of HIV infection. Due to improved treatment, many individuals with HIV continue to work without needing any accommodations. 

Human Immunodeficiency Virus (HIV) and the Americans with Disabilities Act

The ADA does not contain a list of medical conditions that constitute disabilities. Instead, the ADA has a general definition of disability that each person must meet. A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having an impairment. For more information about how to determine whether a person has a disability under the ADA, see How to Determine Whether a Person Has a Disability under the Americans with Disabilities Act Amendments Act (ADAAA).

Accommodating Employees with Human Immunodeficiency Virus (HIV)

People with HIV/AIDS may develop some of the limitations discussed below, but seldom develop all of them. Also, the degree of limitation will vary among individuals. Be aware that not all people who are aging will need accommodations to perform their jobs and many others may only need a few accommodations. The following is only a sample of the possibilities available. Numerous other accommodation solutions may exist.

Questions to Consider:

  1. What limitations is the employee experiencing?
  2. How do these limitations affect the employee and the employee’s job performance?
  3. What specific job tasks are problematic as a result of these limitations?
  4. What accommodations are available to reduce or eliminate these problems? Are all possible resources being used to determine possible accommodations?
  5. Has the employee been consulted regarding possible accommodations?
  6. Once accommodations are in place, would it be useful to meet with the employee to evaluate the effectiveness of the accommodations and to determine whether additional accommodations are needed?
  7. Do supervisory personnel and employees need training?

Accommodation Ideas:

Situations and Solutions:

JAN Publications & Articles Regarding Human Immunodeficiency Virus (HIV)

Events Regarding Human Immunodeficiency Virus (HIV)

Other Information Regarding Human Immunodeficiency Virus (HIV)

External Links

EEOC's HIV Infection, Helping Patients with HIV Infection Who Need Accommodations at Work
EEOC's HIV Infection, Your Legal Rights in the Workplace Under the ADA
EEOC's Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act
En Defensa de los Derechos de las Personas con VIH/SIDA
HIV and Aids and The Workplace: What You Should Know
HIV/AIDS Disability Employment Policy Resources Page
HIV/AIDS in the Workplace
Living with HIV Infection: Your Legal Rights in the Workplace Under ADA
Questions and Answers: The Americans with Disabilities Act And the Rights of Persons with HIV/AIDS To Obtain Occupational Training and State Licensing