Other questions and answers on HIV-Related Laws. Also see our pages on 艾滋病毒/艾滋病歧视 和 Testing and Privacy.

What does it mean that an employer may have to provide a “reasonable accommodation” for an employee with a disability

残疾人士（例如艾滋病毒/艾滋病患者）可能会遇到健康问题，导致其难以满足某些工作要求或职责。例如，他们可能会感到精疲力竭，难以全职工作。

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.”

合理便利的例子包括：

  • 修改或改变工作任务或职责；
  • 制定兼职或修改的工作时间表；
  • 允许在正常工作时间内请假去看医生；
  • 将员工重新分配到空缺职位；或
  • 对工作现场的物理布局进行修改或购置电话放大器等设备，以允许听力障碍人士完成工作。

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.

How may a person obtain a reasonable accommodation?

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 the AIDS Law Project’s Legal InfoLine in order to strategize about ways to address any such requests.

雇主是否必须批准合理住宿请求？

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.

什么情况下，对员工而言“合理的便利”会成为对雇主而言“过度负担”？

在确定所要求的便利是否给雇主造成过度负担或困难时，法院会审查许多因素，其中包括：

  • The employer’s size, budget, and financial constraints;
  • 实施所要求的住宿的费用；以及
  • 该调整如何影响或扰乱雇主的业务。

再次强调，我们会根据具体情况进行审查。

An employer only has an obligation to grant the reasonable accommodation if, as a result of the accommodation, the employee is then qualified to perform the essential job duties.  An employer does not have to hire or retain an employee who cannot perform the essential functions of the job, even with a reasonable accommodation.

Does Rhode Island law provide for access to clean needles for injection drug users to prevent HIV transmission?

Yes, under Rhode Island law, a pharmacy may sell hypodermic needles and syringes.  Possession of a hypodermic needle is no longer illegal in Rhode Island (RI ST 21-28-4.04).

Rhode Island law also mandates that the Department of Health maintain a program of needle and syringe exchange for persons 18 and older in order to prevent the transmission of HIV among intravenous drug users.  Any site used in the program shall make available educational materials, HIV counseling and testing, and referral services regarding HIV transmission and drug abuse prevention and treatment (RI ST 23-11-19).