I think I was fired for being HIV positive, should I file EEOC complaint?

I contracted HIV from a needlestick after I started working in a nursing home, I did not file a report, but converted a couple months later. I think they know and fired me for something else. I have never been in trouble there. We do have a new administration.

The ADA covers those who are HIV Positive and it is illegal to fire people for being HIV positive, unless with reasonable accommodation, the person would be a direct threat to others. Depending on your duties at the nursing home, they could argue this, but in most cases HIV transmission is not remotely possible. It can't hurt to file a charge with the EEOC.

Make a complaint. What have you got to lose?

In Many states being HIV+ is a protected class, just so you know. However, I don't know how it works on a federal level. If there was information shared about your HIV status, thats a HIPAA violation, and you do have a right to sue.

How is being HIV+ a protected class?

Can you prove that you were fired due to being a member of a protected class? No? Then you have no valid EEOC issue.

See an attorney

You need a lawyer.

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