AIDS and the Law Page: 5 of 24
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AE LEGAL G .DEFR TEXANs AFFECTED BY HIV
Yes. To be protected under the law, a person must be able to adequately
perform the essential duties of the job. However, most employers are
required to provide reasonable accommodations that could help you to
perform job duties. Reasonable accommodations might include modi-
fying your work schedule or providing you with special equipment to
help you perform some tasks. Employers do not have to make job changes
or provide equipment if this would be unduly burdensome for the em-
ployer. A lawyer can help to determine the nature and extent of your
employer's obligation to help you.
What if I want to continue working, but I can work only part time?
Both Texas and federal law may require your employer to let you work
part-time. A lawyer could help you negotiate with your employer for a
reduction of hours or a more flexible shift, and help you consider the
effect that part-time employment might have on any benefits, such as
life insurance or disability.
I am fired from my job, what steps can I take to get my job back?
The first thing you must do is contact an attorney. An attorney can help
you to file an administrative complaint and, in the event further legal
action is necessary, will be able to take your case to court. Call the Texas
Human Rights Foundation if you need an attorney referral.
If you are seeking the protection of state law, you should file a com-
plaint with the Texas Commission on Human Rights. If your employer is
covered by federal law, you should also file a complaint with the Equal
Employment Opportunity Commission. If your employer has federal
contracts or receives federal funds, you should contact the U.S. Depart-
ment of Labor Office of Federal Contract Compliance. You should file a
complaint immediately because in most cases you must file within 180
days of the act of discrimination.
Can an employer fire me to prevent me from qualifying for disability
benefits?
No. A federal law (ERISA) gives employees the right to receive benefits
which have already accrued, and prohibits employers from firing em-
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AIDS and the Law, pamphlet, Date Unknown; (https://texashistory.unt.edu/ark:/67531/metadc1457499/m1/5/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Special Collections.