HIV infected Magic Johnson was allowed NBA, but a HEALTHY Kyrie Irving is banned for his medical choice?
If given the same sympathy and protections for those whom live with HIV, the un-vaccinated might be considered as merely exercising choice in a free country, rather than seen as evil outcasts.
With Kyree Irving refusing to get a COVID-19 vaccine, the Nets told him he can’t rejoin the team — either for games or practices, home or road — until he does. In essence, get jabbed or you are fired!
The same NBA that let Magic Johnson play with deadly HIV won’t even let Kyrie Irving practice with his team just because he exercised rights to his own body. What happened to "My body my choice?"
The main federal law that protects employees living with HIV is the Americans with Disabilities Act (ADA), which prohibits discrimination against people who are disabled or perceived to be disabled in any workplace with at least 15 employees (not including federal agencies, which are covered by the Rehabilitation Act, ...
- Discrimination against persons with HIV & AIDS is prohibited by federal law.
- Under the Americans with Disabilities Act (ADA), HIV & AIDS qualifies as a "disability," even if asymptomatic, and employers are prohibited from discriminating on that basis
- The law applies even if a person is only perceived to be HIV-positive or to have developed AIDS
- The law covers all public employers and those private employers with 15 or more employees, and prohibits discrimination in all employment practices such as hiring, firing, application procedures, job assignment, training, promotions, wages and benefits.
- A person is protected by the ADA if they meet legitimate employment requirements and can perform essential functions of the position with or without reasonable accommodation.
- A reasonable accommodation is any modification which would not be significantly difficult or expensive in relation to the size of the employer. A potential loss of customers or co-workers because an employee has HIV/AIDS does not constitute an undue hardship.
- Although an employer can always consider health and safety when making employment decisions, HIV transmission will very rarely be considered a legitimate direct threat to safety.
- Although an employer may inquire about health conditions that interfere with job performance, the employer is prohibited from inquiring about HIV status.If medical information/HIV status is disclosed (e.g., to request an accommodation), the ADA requires that information to be kept confidential.
- What if you have been the victim of discrimination based on HIV & AIDS Status? An applicant or employee may file a complaint with the nearest Equal Employment Opportunity Commission Office within 180 days of the discriminatory incident. The EEOC will investigate and attempt to correct the problem. It may also issue the employee a "right to sue" letter, which allows the victim to sue the employer directly in federal court for violations of the ADA.
- Many states also prohibit discrimination based on HIV/AIDS status, which could provide an additional basis for resolution. Your local EEOC will be familiar with your state’s particular employment discrimination law.
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- REDO THIS, REPLACING HIV with the un-vaccinated:
- After all, don't we still believe in "Equal Protection" under the law?
- Discrimination against un-vaccinated persons is prohibited by federal law.
- Under the Americans with Disabilities Act (ADA), un-vaccinated qualifies as a "disability," even if asymptomatic, and employers are prohibited from discriminating on that basis
- The law applies even if a person is only perceived to be un-vaccinated
- Many states also prohibit discrimination based on un-vaccinated status, which could provide an additional basis for resolution.
- Although an employer can always consider health and safety when making employment decisions, un-vaccinated transmission will very rarely be considered a legitimate direct threat to safety.
- What if you have been the victim of discrimination based on un-vaccinated Status? An applicant or employee may file a complaint with the nearest Equal Employment Opportunity Commission Office within 180 days of the discriminatory incident. The EEOC will investigate and attempt to correct the problem. It may also issue the employee a "right to sue" letter, which allows the victim to sue the employer directly in federal court for violations of the ADA.
Hopefully the un-vaccinated can be afforded the same rights as the victims of HIV.
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