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The Rainbow Clause:
Giving us the right to choose who; where; when; why; and how.
Working with HIV (AIDS) & Discrimination
In the 1980's it was considered acceptable to
fire someone with HIV or AIDS. Gay men were singled out and treated as lepers
by everyone including the medical community. The 'unknown' pandemic that
spread throughout cities across the United States was initially attributed
to being a 'gay disease'. As a result, the Center for Disease Control ignored
the initial spread of HIV thinking it was 'only' a gay problem. It wasn't
until the disease showed up in other groups that the Center even listed the
epidemic as cause for concern.
Despite the education the world has received
in the past twenty-five years on HIV and AIDS, as well as the statistics
that clearly show gay males are not as likely to contract HIV as other groups,
many people still believe HIV should be attributed to homosexuality.
I'm not saying HIV and AIDS are not a problem.
Realistically, we all should practice safe sex. This means
anyone, gay or straight. We know not to share needles, and to have medical
procedures that involve blood transfusions at a reliable medical facility.
It is the fact that it is still considered more of a 'gay problem' within
the United States which is rather discouraging.
Gay and Lesbian workers often fear discrimination
in the workplace even when they are not HIV positive. It can be hard to prove
discrimination through firing when an employer finds out. Many states do
not have any protection for GLBT (gay, lesbian, bisexual, transgender) employees
- making it much easier for workplace discrimination to occur. So, throwing
in an HIV positive status just adds fuel to the fire.
It would be nice to not have to worry about
hiding who you are. However, the current political climate has made that
nearly impossible. If you are a GLBT employee you should not be forced into
listing your sexual orientation no matter what. The truth is, you
should not have to list your HIV positive status either, but some employers,
such as hospitals, expect you to list whether you are HIV positive since
you may be working around open wounds.
There is no easy way to address the concern
for employee discrimination in relation to gays with HIV. You cannot disclose
and risk losing your job in the event that your employer or co-workers find
out, or you can be honest and risk losing your job, anyway. The latter is
a scary prospect in the current economy where a well-paying job is necessary
for survival.
There have been several different lawsuits filed
citing discrimination on the basis of sexual orientation in the workplace.
Some rulings have gone in the favor of the gay individual, where others were
thrown out since the gay individual didn't have a case in the opinion of
the judge, or jury. However, HIV positive gay males and lesbians have been
less vocal in their admittance of discrimination. We do know it happens,
we just do not know the likelihood of the discrimination since most HIV positive
individuals, gay or straight, are not willing to discuss the issue.
Gays with HIV are not protected because they
are gay, but they are also not protected because they have what could become
a disabling condition. While the Americans with Disabilities act was passed
in 1990 (to ensure that public facilities were available to disabled individuals)
there is currently little to no protection for employees that have a disability.
HIV is considered one such condition that could be protected - if there
was a law in effect. Other countries, such as Canada, already have
legislation protecting both disabled individuals and anyone in the GLBT community
within the workplace. However, the Untied States falls short, as they do
in most areas, in this department.
In the end, it is ultimately going to be your
choice. If you feel the need to disclose your sexual orientation, and your
HIV positive status, then that is something you believe you must do. No one
should tell you this is the wrong path to take. Nevertheless, if you do not
wish to bring either issue up you have the right to keep silent. After
all, the point of work is to do your job, not dish out the latest gossip
on what you or your lover did over the weekend.
Giving us the right
to not be discriminated against because of our
spiritual, sexual, or emotional preferences.
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