Other HIV Laws | Connecticut

Persons 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.  Under the ADA and the Connecticut Fair Employment Practices Act, this is known as a “reasonable accommodation.”

合理便利的例子包括：

• 修改或改變工作任務或職責；
• 制定兼職或修改的工作時間表；
• 允許在正常工作時間內請假去看醫生；
• 將員工重新分配到空缺職位；或
• 對工作現場的實體佈局進行修改或購買電話放大器等設備，以允許聽力障礙人士完成工作。

員工可以申請的便利條件沒有固定的設定。申請便利條件的性質將取決於每位員工的具體情況。

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 (800) 455-GLAD (4523) in order to strategize about ways to address any such requests.

No, 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.

在確定所要求的便利性是否對雇主造成過度負擔或困難時，法院會審查許多因素，其中包括：

• The employer’s size, budget and financial constraints;
• 實施所要求的住宿的費用；以及
• 此調整如何影響或擾亂雇主的業務。

再次強調，我們會根據具體情況進行審查。

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.

Under Connecticut law (Conn. Gen. Stat. sec. 21a-65) specific provision is made for needle and syringe exchange programs in the health departments of the three cities with the highest number of AIDS cases among intravenous drug users.  These programs shall provide free and anonymous exchange of up to thirty needles and syringes per exchange and offer education about the transmission and prevention of HIV and offer assistance in obtaining drug treatment services.

Yes. Connecticut law permits a pharmacy, health care facility, or needle exchange program to sell ten or fewer syringes to a person without a prescription (Conn. Gen. Stat. sec. 21a-65 (b)).