Positive Employment in Today’s Workforce HIV/AIDS Positive Employment in Today’s Workforce

HIV/AIDS and Employment Questions our presentation will address: What legal rights and protections do people living with HIV/AIDS have? Can people living with HIV/AIDS work? What are some of the employment barriers they face? What are some effective practices to assist them in finding, maintaining, and advancing in employment?

Positive Employment in Today’s Workforce Dylan Orr, Special Assistant/Advisor Office of Disability Employment Policy, DOL Lou Orslene, Program Co-Director Job Accommodation Network Paul Datti, Assistant Professor & Director Counseling and Human Services Program, University of Scranton Mark Misrok, President, Board of Directors National Working Positive Coalition

HIV/AIDS and Disability Introduction ODEP Disability Employment Stats (July CPS data) Unemployment – 16.8% versus 9% Labor force participation – 21.2% versus 70.2% National HIV/AIDS Strategy How many of you consider a person living with HIV/AIDS a person with a disability?

Legal Rights and Protections in Employment Setting It is a civil right to live free from discrimination on the basis of HIV/AIDS status. Important Laws Americans with Disabilities Act Amendments Act (ADAAA) Section 503 of Rehabilitation Act of 1973 Section 504 of the Rehabilitation Act of 1973 and the Workforce Investment Act of 1988 Family Medical Leave Act (FMLA)

Americans with Disabilities Act Amendments Act (ADAAA) Went into effect January 1, 2009. New regulations issued by EEOC on March 25, 2011. Ensures equal opportunity for people with disabilities in employment, State and local government services (including transportation), public accommodations and services operated by private entities, telecommunications Prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities Amended law and new regulations are designed to simplify the determination of who has a “disability” and make it easier for people to establish that they are protected – “The definition of disability in this Act shall be construed in favor of broad coverage of individuals…to the maximum extent permitted…”

ADAAA and HIV/AIDS How does the ADAAA impact people living with HIV/AIDS? Regulations clarify that the term “major life activities includes “major bodily functions,” such as functions of the immune system, normal cell growth, and brain, neurological, and endocrine functions An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active The regulations also include examples of impairments that should easily be concluded to be disabilities, such as HIV infection, diabetes, epilepsy, and bipolar disorder

ADAAA and HIV/AIDS Modern Hairstyling Institute Inc. example Woman denied enrollment based on status as HIV positive (disclosed in response to questions during application process) DOJ Settlement School offered enrollment to the complainant School will no longer ask applicants about their HIV/AIDS status School will never again unenroll or bar someone based on their HIV/AIDS status School will provide training to employees about disability discrimination DOJ Additional Response U.S. Attorney General sent letter and technical assistance document to attorneys general of all 50 states & U.S. territories encouraging them to look at admission and licensing criteria for trade schools and licensing agencies to identify criteria that unlawfully excludes or discriminates against persons with HIV/AIDS

Rehabilitation Act of 1973 – Section 503 Prohibits discrimination on the basis of disability status and requires affirmative action in the employment of qualified individuals with disabilities in the federal contractor sector Same definition of disability from ADAAA applies (therefore HIV/AIDS is an impairment that should be easily concluded to be a disability). Nearly 1 in 4 American workers are employed by federal contractors

Other relevant non-discrimination laws to One-Stops and Job Corps Section 504 of Rehabilitation Act and relevant regs– Applies to all recipients of federal financial assistance from DOL Forbids covered entities from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services Workforce Investment Act of 1988 and relevant regs – Applies to financial assistance recipients, such as all programs offered by Job Corps and One-Stop partners and through One-Stop delivery system Similarly ensures nondiscrimination and equal opportunity for various categories of persons, including persons with disabilities **Same definition of disability from ADAAA applies (therefore HIV/AIDS is an impairment that should be easily concluded to be a disability)

Family Medical Leave Act (FLMA) Provides up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for reasons including: care of an immediate family member who has a serious health condition or care of the employee's own serious health condition. Everyone not covered by FMLA Must work for a covered employer for a total of 12 months (at least 1,250 hours) in location in United States or territories At least 50 employees are employed within 75 miles

Other important Concepts Leave may also be a reasonable accommodation under the ADAAA “A period of leave – whether for medical treatment, recovery, or training to use adaptive equipment – is often the reasonable accommodation that permits a person with a disability to remain gainfully employed.” – EEOC Chair Jacqueline Berrien Telework Telework Enhancement Act of 2010 – provides greater flexibility to federal agencies Workplace Flexibility For people with complex life situations – includes flexibility around schedule, job tasks, etc.

HIV/AIDS Employment Resources ADAAA Info DOJ Website - http://www.ada.gov/aids/ EEOC Website - http://www.eeoc.gov/laws/statutes/adaaa_info ODEP Employment Resources for People with Disabilities – http://www.dol.gov/odep HIV/AIDS Employment Roundtable - Video Clip and Proceedings Report - http://www.dol.gov/odep/topics/HIVAIDS.htm Job Accommodations Network - http://askjan.org/. OPM - Federal Employment Schedule A Hiring Authority – http://golearn.gov/HiringReform/index.htm Executive Order 13548 - http://www.whitehouse.gov/the-press-office/executive-order-increasing-federal-employment-individuals-with-disabilities