Other HIV Laws | Massachusetts

People with disabilities, such as HIV/AIDS, may experience health-related problems that make it difficult to meet some job requirements or duties.  For example, a person may be exhausted or fatigued and find it difficult to work a full-time schedule.

In certain circumstances, the employer has an obligation to modify or adjust job requirements or workplace policies in order to enable a person with a disability, such as HIV or AIDS, to perform the job duties.  This is known as a “reasonable accommodation.”

Men kèk egzanp aranjman rezonab:

• Modifye oswa chanje tach oswa responsablite travay;
• Etabli yon orè travay a tan pasyèl oswa modifye;
• Pèmèt konje pandan lè travay regilye yo pou randevou medikal;
• Reasignasyon yon anplwaye nan yon travay ki vid; oubyen
• Fè modifikasyon nan plan fizik yon sit travay oubyen achte aparèy tankou yon anplifikatè telefòn pou pèmèt, pa egzanp, yon moun ki gen pwoblèm tande fè travay la.

It is, with rare exception, the employee’s responsibility to initiate the request for an accommodation.  In addition, an employer may request that an employee provide some information about the nature of the disability.  Employees with concerns about disclosing HIV/AIDS status to a supervisor should contact GLAD Answers at www.GLADAnswers.org in order to strategize about ways to respond to such requests.

There is no fixed set of accommodations that an employee may request.  The nature of a requested accommodation will depend on the particular needs of an individual employee’s circumstances.

An employer is not obligated to grant each and every request for an accommodation.  An employer does not have to grant a reasonable accommodation that will create an “undue burden” (i.e. significant difficulty or expense for the employer’s operation).  In addition, the employer does not have to provide a reasonable accommodation if the employee cannot perform the job function even with the reasonable accommodation.

In determining whether a requested accommodation creates an undue burden or hardship for an employer, courts examine a number of factors, including:

• Gwosè, bidjè ak kontrent finansye patwon-an;
• Pri pou aplike aranjman yo mande a; epi
• Kijan akomodasyon an afekte oswa deranje biznis patwon-an.

Ankò, yo egzamine chak sitiyasyon ka pa ka.

Yes.  In 2006, Massachusetts passed a law allowing for pharmacies to sell syringes over the counter to anyone who is 18 years of age or older and decriminalizing possession of needles (M. G. L. c. 94c §§27-27A).

Yes.  Massachusetts law permits the Department of Public Health to establish needle exchange programs, but unfortunately requires “local approval” for the siting of a program (M. G. L. c.111 §215). To date, only Boston, Cambridge, Northampton, and Provincetown have needle exchange programs.

Yes, on August 10, 2016, Massachusetts Governor Charlie Baker signed into law An Act Relative to HIV-Associated Lipodystrophy Syndrome Treatment. This first-of-its-kind legislation requires public and private insurers to cover treatment of a debilitating side effect of early HIV medications. This historic victory means that some of the longest-term survivors of the HIV epidemic will finally have access to the critical health care they need and deserve.

Pou plis enfòmasyon, gade: Governor Baker Signs Historic Law Requiring Treatment for HIV-Associated Lipodystrophy – GLAD.

As a general matter, no. However, in a GLAD case, Doe v Mutual of Omaha Insurance Company, Mutual of Omaha agreed to revise its underwriting guidelines to no longer decline long-term care insurance applicants solely on the basis that an applicant takes PrEP for HIV prevention.

Pou plis enfòmasyon, gade: Doe v. Mutual of Omaha Insurance Company – GLAD.

If you are unable to work and are on SSDI or private disability insurance, it is important to work closely with your medical providers to make sure that the medical documentation supports your continuing need for disability insurance.