Workplace discrimination based on an individual’s HIV/AIDS status is not only unethical but also illegal. At Castronovo & McKinney, LLC, we understand the challenges that employees with HIV/AIDS confront when facing discrimination in the workplace.
As a leading New Jersey employment law firm, we are committed to providing compassionate yet aggressive representation to individuals who have suffered discrimination due to their HIV status. Well-versed in employment discrimination cases, we have the skills, experience, and determination to protect your rights. Contact us today for a consultation.
What Sets Us Apart?
At Castronovo & McKinney, our attorneys are not only compassionate but also fiercely dedicated to achieving the best possible outcomes for our clients. We understand the importance of taking an aggressive stance against discrimination, and we are prepared to go the distance to ensure that the responsible parties are held accountable.
We believe in open and honest communication with our clients. Throughout the legal process, we will keep you informed about the progress of your case and provide clear explanations of your rights and options. We are committed to ensuring that you have the information you need to make informed decisions.
Additionally, our firm has a proven track record of success in employment discrimination cases, including those related to HIV/AIDS. We have the resources, knowledge, and experience to protect your rights in and out of the courtroom.
Identifying Workplace Discrimination Due to HIV/AIDS
Recognizing workplace discrimination due to HIV/AIDS can be challenging, as it is often subtle and insidious. Some common signs of discrimination may include:
- Unequal treatment – Employees with HIV/AIDS may experience differential treatment in terms of job assignments, promotions, or pay compared to their colleagues with similar qualifications and experience.
- Harassment – Verbal or physical harassment based on one’s HIV/AIDS status is a clear violation of anti-discrimination laws. Harassment can include derogatory comments, jokes, or offensive gestures.
- Denial of accommodations – Employers are legally obligated to provide reasonable accommodations to employees with HIV/AIDS to allow them to perform their job duties effectively. If an employer fails to make necessary accommodations, it may be considered discrimination.
- Retaliation – If an employee reports HIV/AIDS discrimination or requests reasonable accommodations, they should not face retaliation from their employer. Retaliation can involve termination, demotion, or a hostile work environment.
- Wrongful termination – If an employee is terminated solely because of their HIV/AIDS status or related medical condition, it is a clear violation of their rights.
Federal and State Laws Prohibit HIV/AIDS Discrimination
Federal and state laws provide important protections against HIV/AIDS discrimination in the workplace. The primary federal law is the Americans with Disabilities Act (ADA). Under the ADA, individuals with HIV/AIDS are considered to have a disability, and employers are prohibited from discriminating against them based on their disability status.
New Jersey state law goes even further in protecting the rights of individuals with HIV/AIDS. The New Jersey Law Against Discrimination (NJLAD) is one of the most comprehensive anti-discrimination laws in the country. NJLAD not only prohibits discrimination based on disability but also specifically includes HIV/AIDS as a protected category. This means that individuals with HIV/AIDS in New Jersey are afforded stronger protections than those provided by federal law alone.
The NJLAD prohibits discrimination in all aspects of employment, including hiring, firing, and promotions. The law also prohibits harassment and retaliation based on an individual’s HIV/AIDS status.
Available Damages
Individuals who have suffered harm due to HIV/AIDS discrimination employers may be entitled to various forms of compensation, known as damages, including:
- Back pay, which covers lost wages and benefits
- Front pay to compensate for future income losses
- Compensatory damages for emotional distress
- Punitive damages in cases of intentional or malicious discrimination
Additionally, court orders may require employers to take corrective actions such as reinstating the victim or implementing anti-discrimination policies.
In cases of workplace discrimination due to HIV/AIDS, it is crucial to consult with experienced attorneys who understand the nuances of both federal and state laws. Our legal team has in-depth knowledge of these laws and is prepared to use every available legal avenue to protect your rights.
Contact an Experienced New Jersey Employment Discrimination Lawyer
If you have experienced workplace discrimination due to your HIV/AIDS status, don’t face it alone. Castronovo & McKinney is here to provide you with the powerful representation you need and deserve. We are committed to fighting discrimination and protecting your employment rights. Contact us today so we can start working on your claim.