Other questions and answers on HIV-Related Laws. Also see our pages on HIV/AIDS Discrimination 和 Testing and Privacy.

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

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.  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。

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.

雇主是否必須批准合理住宿請求？

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.

在什麼情況下，對員工而言「合理的便利」會成為對雇主而言「過度負擔」？

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：

  • 雇主的規模、預算和財務限制；
  • 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.

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).