Disclosing HIV Status at Work
Prejudice and ignorance in society have caused many to keep their HIV status a secret. Others have challenged these attitudes and are open about it at work. The decision to disclose your status is highly personal and it is wise to weigh the potential benefits and risks of disclosing. Disclosing could affect your work environment and your relationships with co-workers. You are not required to disclose HIV at work, and legal protections can still apply even if you don’t disclose. However, if you need a workplace change (a reasonable accommodation) or job-protected medical leave, you may need to share limited medical information. And if discrimination happens, it can be harder to prove what caused it if your employer did not know (or suspect) a medical condition.
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To Disclose or Not to Disclose
There is no right answer about whether or not to disclose your HIV status at work. In keeping silent about your HIV status, you may lessen the risk of confronting discrimination, harassment, ignorance, and rejection by co-workers, but you do have legal protections even if you don’t disclose. Again, you are not required to tell your employer you have HIV. Many people choose to keep their status private. If you need a workplace change (a ‘reasonable accommodation’) or job-protected medical leave, you may need to share some medical information — often you can request that documentation focus on your limitations or need for leave, not your diagnosis. If discrimination happens, legal protections may still apply, but it can be harder to prove discrimination if the employer did not know (or suspect) your status.
If you disclose, you might feel a greater sense of freedom, support, and understanding from your co-workers, and anti-discrimination laws would protect you. In making your decision, keep in mind that all employees who have a need to know about your HIV status or other medical information are required by law to keep that information confidential.Discussing the issue of disclosure with trusted friends, family members or a case manager could help you evaluate your situation and choose what is best for you.
Questions to ask before deciding to disclose:
- What are the likely advantages and disadvantages?
- Will it bring you more or less happiness at work?
- Who do you want to tell about your HIV status?
- How much can you trust that person to maintain confidentiality?
If you choose to disclose:
- Decide whom you will tell, think about how he or she might respond and how likely he or she is to keep the information confidential
- Before you speak with your employer, prepare what you want to say, anticipate different reactions and how you would like to respond
- Document everything in writing and keep copies of all correspondence and performance evaluations
- Keep an ongoing journal of how the person(s) that you disclose to responds
- Request in writing that your employer keep all information confidential and that he or she agree on which employees have a need to know
- Get at least one successful performance evaluation in writing, so that you have documentation that there were no work related problems
If you choose not to disclose:
- Many people do not share their HIV status at work. If you don’t disclose, you can still take steps to protect your privacy while getting the support you may need.
If a health condition is affecting your ability to do your job, you can request a reasonable accommodation. You usually do not need to disclose your diagnosis to request help. An employer may ask for limited medical documentation to support the request—often this can focus on your work limitations and the type of help you need (for example, schedule changes, time off for medical appointments, or adjustments to certain tasks), rather than naming a specific diagnosis.
Any medical information provided for an accommodation request should be handled privately and kept separate from your regular personnel file.
Medical leave:
If you need time off for treatment or health reasons, you may be able to use sick leave, vacation, or other leave options your employer offers. Some workers may also qualify for job-protected leave under federal law. Employers may request documentation to support medical leave, but you can ask that it focus on the need for leave and expected duration—not your full medical history.
If problems come up (privacy or discrimination):
Legal protections may still apply even if you didn’t disclose your HIV status. However, if discrimination happens, it can be harder to prove what caused it if the employer truly did not know (or suspect) a medical condition. If you believe your rights were violated, consider reaching out to a trusted advocate or a legal help resource.
Tip: If you’re unsure what to say, you can start with a simple statement like:
“I have a medical condition that affects [specific work task]. I’m requesting [specific accommodation] so I can do my job.”
Further resources:
American Civil Liberties Union (ACLU)HIV & discrimination basics:
www.aclu.org/issues/hiv
Report LGBTQ/HIV discrimination (legal intake):
action.aclu.org/legal-intake/report-lgbtqhiv-discrimination
Job Accommodation Network (JAN): workplace accommodation ideas — ask jan.org
EEOC: disability discrimination info — eeoc.gov