Admission to any facility or to purchase any service or product which is licensed by the Agency of Health Care Administration, the Department of Health, or the Department of Business and Professional Regulation
Hiring, promotion or continued employment (unless the absence of HIV is a bona fide occupational qualification for the job)
Other employment decisions. (Employee status or discharge cannot be based upon a HIV test unless the absence of HIV is a bona fide occupational qualification for the job.)
Life insurance
Health insurance
Disability insurance
To prove that the absence of HIV is a bona fide occupational requirement for a job, the employer must demonstrate 2 things:
The HIV test is necessary either to determine if the employee can reasonably perform the job’s duties or to determine if an employee will present a significant risk of passing HIV to other persons in the course of normal work, and
There exists no way to reasonably accommodate a HIV-positive person in the job.
A person who has HIV may not be discriminated against (if otherwise qualified) in:
Housing
Public accommodations
Governmental services
A licensed health care professional or health worker who treats or provides care to HIV-positive persons cannot be discriminated against in employment issues because of those patients.
A person discriminated against in violation of these laws may sue for $1,000 or the actual damages suffered (whichever is greater) for each occurrence. If the discrimination was intentional or reckless, the thousand dollars becomes $5,000. Additionally, the victim may recover reasonable attorney’s fees and other relief the court deems appropriate.
A parent or grandparent’s shared parental responsibility, custody or visitation rights cannot be denied by a court solely because of the parent’s or grandparent’s HIV status. The court can however issue conditions designed to prevent the transmission of HIV to the child.
