QUESTION

Would this be a legitimate discrimination suit?

Asked on Apr 22nd, 2014 on Labor and Employment - Wisconsin
More details to this question:
I have been recently diagnosed as HIV positive and started my medication. I tried to keep the entire ordeal to myself, but the side effects was enough to knock someone off their feet with the constant nausea, random vomiting, and diarrhea. My boss caught me sitting down trying to gather myself together after falling under a serious nausea spell, and demanded to know what was going on. I decided not to beat around the bush and flatly said, "Look, I've been recently diagnosed as HIV positive and started my medication. I should adjust to the side effects within a few weeks, and I PROMISE you I'll be back to normal...just bear with me." He gave me a long look and said nothing. Then twice within the same week, I would come in to find that my schedule had been deliberately changed without notice in such a way that I would be two or three hours late when I damn well knew I had written the correct time down. After getting 2 reprimands for "tardiness" I was then informed that "multiple people" had been making complaints about me making sexually inappropriate comments at them, as well as groping and touching them for the past 3 months. Further on, that the previous day I had supposedly been caught taking a picture of a female co-worker's breasts. He refused to let me speak, wouldn't tell me who these people were, and further told me that even without these allegations, he had enough to fire me anyway. I don't think I was able to finish more than 3 full uninterrupted sentences in that entire conversation. I know EXACTLY what is going on, but I don't know if it's covered under discrimination statutes, as it is not race, sex, etc. Would I have a case? This is just not right at all!
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6 ANSWERS

I do not practice discrimination law, so I am unable to answer this question. I suggest you consult with an attorney that handles these type of cases. Most do not charge just to talk and evaluate your case. You get free advice.
Answered on Apr 29th, 2014 at 8:54 AM

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Admiralty / Maritime Attorney serving Monrovia, CA at The Law Office of Nathan Wagner
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This sounds like disability discrimination based upon you being HIV positive, which is prohibited in California by the Fair Employment and Housing Act. You should talk to a local lawyer who specializes in disability discrimination or wrongful termination cases.
Answered on Apr 24th, 2014 at 4:29 AM

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Administrative Law Attorney serving Pasadena, CA at License Advocates Law Group LLP
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Potentially you have a very strong case. Get yourself to the office of a skilled and experienced employment discrimination attorney as soon as you are physically capable. Godspeed.
Answered on Apr 23rd, 2014 at 10:23 AM

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Litigation Attorney serving Monona, WI at Fox & Fox, S.C.
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Contact an attorney to review your situation. It could depend on how long you were employed.
Answered on Apr 23rd, 2014 at 10:22 AM

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Bruce A. Coane
I have a couple of cases right now that are similar to this. HIV can qualify as a disability and if one is being discriminated against, they can file a complaint with the EEOC. If still employed, a person should complain in writing to HR about any discrimination on the basis of disability.
Answered on Apr 23rd, 2014 at 10:22 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You need to a local employment attorney and discuss it with him or her. Your state may provide some remedy.
Answered on Apr 23rd, 2014 at 10:22 AM

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