Employees with HIV/AIDS

Accommodation and Compliance Series
Practical Solutions • Workplace Success

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Preface

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Updated 04/01/2011.
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JAN’S ACCOMMODATION AND COMPLIANCE SERIES

Introduction

JAN’s Accommodation and Compliance Series is designed to help employers determine 

effective accommodations and comply with Title I of the Americans with Disabilities Act 

(ADA). Each publication in the series addresses a specific medical condition and 

provides information about the condition, ADA information, accommodation ideas, and 

resources for additional information. 

The Accommodation and Compliance Series is a starting point in the accommodation 

process and may not address every situation. Accommodations should be made on a 

case by case basis, considering each employee’s individual limitations and 

accommodation needs. Employers are encouraged to contact JAN to discuss specific 

situations in more detail.

For information on assistive technology and other accommodation ideas, visit JAN's 

Searchable Online Accommodation Resource (SOAR) at http://askjan.org/soar.

Information about HIV/AIDS

What is HIV?

HIV (Human Immunodeficiency Virus), the virus that causes AIDS, is a life-long disease 

that compromises the body’s immune system, making it difficult to fight-off illnesses and 

other diseases. People with HIV have what is called HIV infection. Some people with 

HIV infection will develop AIDS, but not all (CDC, 2006). HIV disease progresses in 

stages. A person with HIV disease can be asymptomatic during the course of the 

disease and appear healthy while living with HIV. As the virus slowly weakens the 

body’s immune system, a variety of symptoms and limitations can develop. Depending 

on the stage and treatment of the disease, a person with HIV may experience flu-like 

symptoms; skin rashes; fatigue; mild to severe weight loss; ulcers; fevers; diarrhea; and 

opportunistic infections that can cause severe pneumonia, damage to the nervous 

system, vision loss, and AIDS-defining cancers (The Body, 2008).

What is AIDS?

AIDS (Acquired Immunodeficiency Syndrome) is the diagnosis an HIV-infected person 

receives after developing one of the AIDS indicator illnesses defined by the Centers for 

Disease Control. A diagnosis of AIDS is made by a physician using specific clinical or 

laboratory standards (CDC, 2006).

How is HIV or AIDS transmitted?

HIV or AIDS is passed from one person to another through blood-to-blood and sexual 

contact. HIV transmission can occur when blood, semen, vaginal fluid, or breast milk 

from an infected person enters the body of an uninfected person.
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Following are the most common ways that HIV is transmitted from one person to 

another:

• By having sexual intercourse (vaginal, anal or oral sex) with an HIV infected 

person

• By sharing needles or injection equipment with an injection drug user who is 

infected with HIV

• From HIV infected women to babies before or during birth, or through breastfeeding after birth

HIV can also be transmitted through transfusions of infected blood or blood clotting 

factors (Since 1985 all donated blood in the U. S. has been tested for HIV therefore the 

risk for transmission is extremely low) (CDC, 2006).

According to the CDC, HIV is a fragile virus. It cannot live for very long outside the body. 

As a result, the virus is not transmitted through day-to-day activities such as shaking 

hands, hugging, or a casual kiss. A person cannot become infected from a toilet seat, 

drinking fountain, doorknob, dishes, drinking glasses, food, or pets (CDC, 2010).

How is HIV/AIDS treated?

In the past decade, advances in the treatment of HIV have slowed the progression of 

the disease. These advances, including highly active antiretroviral therapy (HAART), 

have helped extend the lives of thousands of people living with HIV and AIDS (The 

Body, 2008). Antiretroviral drugs do not provide a cure for HIV or AIDS, but can slow 

the progression of the disease. The side effects of treatment may cause various

limitations.

HIV/AIDS and the Americans with Disabilities Act

Is HIV/AIDS a disability under the ADA?

The ADA does not contain a list of medical conditions that constitute disabilities. 

Instead, the ADA has a general definition of disability that each person must meet on a 

case by case basis (EEOC Regulations . . . , 2011). A person has a disability if he/she 

has a physical or mental impairment that substantially limits one or more major life 

activities, a record of such an impairment, or is regarded as having such an impairment 

(EEOC Regulations . . . , 2011). 

However, according to the Equal Employment Opportunity Commission (EEOC), the 

individualized assessment of virtually all people with HIV/AIDS will result in a 

determination of disability under the ADA; given its inherent nature, HIV/AIDS will 

almost always be found to substantially limit the major life activity of immune function 

(EEOC Regulations . . . , 2011).
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Accommodating Employees with HIV/AIDS

(Note: People with HIV/AIDS may develop some of the limitations discussed below, but 

seldom develop all of them. Also, the degree of limitation will vary among individuals. Be 

aware that not all people with HIV/AIDS will need accommodations to perform their jobs 

and many others may only need a few accommodations. The following is only a sample 

of the possibilities available. Numerous other accommodation solutions may exist.)

Questions to Consider:

1. What limitations is the employee with HIV/AIDS experiencing?

2. How do these limitations affect the employee and the employee’s job performance?

3. What specific job tasks are problematic as a result of these limitations?

4. What accommodations are available to reduce or eliminate these problems? Are all 

possible resources being used to determine possible accommodations?

5. Has the employee with HIV/AIDS been consulted regarding possible 

accommodations?

6. Once accommodations are in place, would it be useful to meet with the employee 

with HIV/AIDS to evaluate the effectiveness of the accommodations and to determine 

whether additional accommodations are needed?

7. Do supervisory personnel and employees need training regarding HIV/AIDS?

Accommodation Ideas:

Fatigue/Weakness:

• Accessible facility (Ramps, parking etc.)

• Reduce/eliminate lifting, walking, etc.

• Flexibility to sit or stand (Adjustable workstation)

• Rest area with cot 

• Later start time

• Frequent rest breaks

• Shorten work day and extend work week

• Job sharing

• Telework
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Chronic Diarrhea: 

• Work-site near restroom (Inconspicuous)

• Flexible work schedule to allow for restroom breaks

Decreased Cognitive Abilities (Problems with concentration, memory, etc.):

• Increase levels of job structure

• Provide written job instructions

• Prioritize job assignments

• Flexible work hours

• Rest periods to reorient

• Memory notebook or scheduler (Can be electronic or paper)

• Minimize distractions

• Self-paced workload

• Reduce job stress

• Educate coworkers about psychological implications if needed (Keep the 

individual with HIV/AIDS and his/her disability confidential)

• Evaluate safety hazards

Vision Impairment: Reading information from computer screen (For those who benefit

from magnification and other modifications):

• External screen magnifier

• Screen magnification software 

• Larger sized monitor

• Anti-Glare or anti-radiation computer screen guard

• High resolution monitor

• Special computer glasses to reduce glare

• Change font size or contrast in existing software application

• Frequent breaks to rest eyes when fatigue is a factor

• Additional training

Vision Impairment: Reading information from computer screen (For those who do not 

benefit from magnification):

• Screen reading software 

• Refreshable Braille display

• Dual channel headset if using a computer with speech output and the telephone 

at the same time

• Providing a Qualified Reader 

• Additional training 
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Vision Impairment: Reading information from printed materials (For those who benefit

from magnification and other modifications):

• Hand/Stand magnifier

• Improved lighting or task lighting

• Reduce glare on paper copy (Close blinds on windows, change lighting in area, 

etc.)

• Closed circuit television system (Desktop & Portable models are available)

• Enlarge information on photo copier

• Optical wear (Eye glasses, Low Vision Enhancement Systems, Flip-down 

magnifiers, etc.)

• Frequent breaks to rest eyes when fatigue is a factor

• Additional training 

Vision Impairment: Reading information from printed materials (For those who do not 

benefit from magnification):

• Optical character recognition system (Also known as a scanner with speech 

output - PC based & portable models are available)

• Providing a Qualified Reader 

• Additional training 

For a more detailed description of accommodation ideas for vision impairments, please 

go to Work-site Accommodation Ideas for Individuals with Vision Impairments at 

http://askjan.org/media/Sight.html.

Sensitivity to Light:

• Lower wattage overhead lights

• Task lighting

• Broad spectrum lighting

• Install flicker free lighting

• Optical wear (Protective eye glasses)

• Move work station to another area 

• Place blinds on windows 

Respiratory Difficulties (Problems breathing):

• Good ventilation

• Clean work environment free from dust, smoke, odor and fumes (Air purifier, 

appropriate ventilation, working windows, etc.)

• Avoid temperature extremes

• Educate coworker to wash hands frequently and to stay at home if sick

• Telework
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Neurological Complications (Problems with numbness in fingers, legs, feet or difficulties 

with seizures, headaches, noise, dizziness, mood swings and concentration):

• Eliminate need to use sharp objects

• Provide protective clothing/equipment

• Modify job tasks requiring fine finger dexterity

• Reduce noise (Use partitions, white noise, environmental sound machines, 

headsets and/or move employee to a more quiet environment)

Skin Infections (May include open sores, bruises, lesions and rashes):

• Avoid infectious agents and chemicals

• Avoid invasive procedures (activities that could be harmful to people with skin 

conditions)

• Flexible leave policy

Psychological Implications (Difficulties adjusting to having a disability, stress, etc.):

• Identify stressors and reduce stress

• Educate coworkers, but keep person and his/her condition confidential

• Peer counseling

• Allow telephone calls to emotional supports

• Open door policy to supervisor

• Negotiating time for accommodations

• Time off for counseling or therapy

• Provide praise and positive reinforcement

Weight Loss:

• Ergonomic chair with extra padding

• Arm supports

• Alternate working positions to prevent sores from forming (i.e., sitting & standing)

• Have access to refrigerator (To store food supplements or medications)

Other Medical Considerations:

• Flexible work schedule

• Time off from work to seek medical care (Many clinics are only open during 

the day)

• Reassignment

• Health insurance that does not exclude preexisting conditions

• Health insurance that does not single out HIV in order to cap medical benefits
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Situations and Solutions:

A computer operator was experiencing weight loss and chronic diarrhea as a result of 

having HIV. She was provided with an ergonomic chair with extra padding and began to 

change seating positions often. This prevented her from getting sores from sitting in 

one position for prolonged periods of time. Employee’s workstation was also moved 

closer to a restroom to provide her better access. Total cost to move employee to 

another workstation was virtually nothing. 

A pharmacist was having difficulties standing for eight hours a day on a tile floor. This 

employee was responsible for filling prescriptions for medication. The work area was 

carpeted using extra padding, which assisted in reducing fatigue and a sit/stand/ lean 

stool was purchased to assist employee when standing. Employee was also permitted 

to take frequent rest breaks throughout the day. This was possible since the employee 

cut his lunch hour down to 30 minutes, which provided him with 30 minutes that could 

be used at other times of the day whenever a break was needed. Also another 

pharmacist was available to cover his breaks. 

A secretary with HIV could only go to the HIV clinic during work hours. The employer 

provided the employee with a flexible work schedule, so that she could go to the clinic 

for medical attention and counseling. The employee made up the hours throughout the 

week by staying later and by coming in early. 

A machine operator was experiencing difficulties remembering the steps involved in 

changing a part on his machine. The employer provided the employee with a step bystep checklist and directions explaining how to do this. 

An accountant was experiencing eye sensitivity to fluorescent light in her office. As a 

result, she was unable to clearly view her computer screen or written materials due to 

glare. The accommodation solutions were to lower the wattage in the overhead lights, 

provide task lighting, and a computer screen glare guard.

Products:

There are numerous products that can be used to accommodate people with limitations. 

JAN's Searchable Online Accommodation Resource at <http://askjan.org/soar> is 

designed to let users explore various accommodation options. Many product vendor 

lists are accessible through this system; however, JAN provides these lists and many 

more that are not available on the Web site upon request. Contact JAN directly if you 

have specific accommodation situations, are looking for products, need vendor 

information, or are seeking a referral.
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Resources

Job Accommodation Network

West Virginia University

PO Box 6080 

Morgantown, WV 26506-6080

Toll Free: (800)526-7234

TTY: (877)781-9403

Fax: (304)293-5407

jan@askjan.org

http://askjan.org

The Job Accommodation Network (JAN) is a free consulting service that provides 

information about job accommodations, the Americans with Disabilities Act (ADA), and 

the employability of people with disabilities. 

Office of Disability Employment Policy

200 Constitution Avenue, NW, Room S-1303

Washington, DC 20210

Toll Free: (866)633-7365

TTY: (877)889-5627

Fax: (202)693-7888

http://www.dol.gov/odep/

The Office of Disability Employment Policy (ODEP) is an agency within the U.S. 

Department of Labor. ODEP provides national leadership to increase employment 

opportunities for adults and youth with disabilities while striving to eliminate barriers to 

employment. 

AIDS Action Foundation

1730 M Street NW

Suite 611

Washington, DC 20036

Direct: (202)530-8030

Fax: (202)530-8031

http://www.aidsaction.org

The foundation, a national organization, is dedicated to the development, analysis, 

cultivation, and encouragement of sound policies and programs in response to HIV 

epidemic. Its goals-Until It's Over- until no one aquires HIV, until those living with HIV 

have the care and services they need, and until no one a cure is found, It develops and 

disseminates educational materials on the latest public policies and programs, the 

demographic impact of HIV and materials on the struggle against HIV/AIDS.
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American Red Cross

2025 E Street, NW

Washington, DC 20006

Toll Free: (800)733-2767

Direct: (703)206-6000

http://www.redcross.org/

(800)257-7575 (Español) 

In addition to domestic disaster relief, the American Red Cross offers compassionate 

services in five other areas: community services that help the needy; support and 

comfort for military members and their families; the collection, processing and 

distribution of lifesaving blood and blood products; educational programs that promote 

health and safety; and international relief and development programs. 

CDC Business and Labor Resource Service

PO Box 6003

Rockville, MD 20849-6003

Toll Free: (877)242-9760

TTY: (240)514-2780

Fax: (301)562-1050

info@hivatwork.org

http://www.brta-lrta.org

The Centers for Disease Control and Prevention Business Responds to AIDS and Labor 

Responds to AIDS programs (BRTA/LRTA) to help large and small businesses and 

labor unions meet the challenges of HIV/AIDS in the workplace and the community. 

CDC National AIDS Hotline

ASHA's STI Resource Center Hotline

PO Box 13827

Research Triangle Park, NC 27709

Toll Free: (800)227-8922

http://www.ashastd.org/herpes/herpes_hotline.cfm

The Hotline is open from 9:00 am to 8:00 pm, Eastern Time, Monday through Friday. 

CDC National Center for HIV, STD and TB Prevention (NCHSTP)

Division of HIV/AIDS Prevention

1600 Clifton Road

Atlanta, GA 30333

Toll Free: (800)232-4636

TTY: (888)232-6348

cdcinfo@cdc.gov 

http://www.cdc.gov/hiv/dhap.htm
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The new initiative of Advancing HIV Prevention New strategies for changing Epidemic is 

aimed at reducing barriers to early diagnosis of HIV infection and increasing access to 

quality medical care, treatment, and ongoing prevention services to those diagnosed 

with HIV. 

NAMES Project Foundation

AIDS Memorial Quilt

637 Hoke Street NW

Atlanta, GA 30318-4315

Direct: (404)688-5500

Fax: (404)688-5552

info@aidsquilt.org

http://www.aidsquilt.org 

The NAMES project Foundation will help businesses coordinate a display of a section of 

the AIDS Memorial Quilt in the workplace. The mission of the foundation is to preserve, 

care for, and use the AIDS Memorial Quilt to foster healing, heighten awareness, and 

inspire action in the struggle against AIDS and HIV. 

National Association of People with AIDS

8401 Colesville Road

Suite 505

Silver Spring, MD 20910

Toll Free: (866)846-9366

Direct: (240)247-0880

Fax: (240)247-0574

http://www.napwa.org 

NAPWA Advocates on behalf of all people living with HIV/AIDS in order to end the 

pandemic and the human suffering caused by HIV/AIDS.

National Minority AIDS Council

1931 13th Street, NW

Washington, DC 20009-4432

Direct: (202)483-6622

Fax: (202)483-1135

http://www.nmac.org 

Dedicated to developing leadership within communities of color to address the 

challenges of HIV/AIDS.

National Native American AIDS Prevention Center

720 S. Colorado Blvd

Suite 650-S

Denver, CO 80246

Direct: (720)382-2244
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Fax: (720)382-2248

information@nnaapc.org

http://www.nnaapc.org 

The National Native American AIDS Prevention Center's (NNAAPC) mission is to stop 

the spread of HIV and related diseases among American Indians, Alaskan Natives, and 

Native Hawaiians, and to improve the quality of life for those infected and affected by 

HIV/AIDS.

The Well Project

Toll Free: (888)616-WELL (9355)

info@thewellproject.org

http://www.thewellproject.org

The Well Project’s mission is to change the course of this HIV/AIDS pandemic through a 

unique and comprehensive focus on women. In order to reach this goal, we are always 

working to develop new resources to educate, nurture, and support the community of 

HIV+ women, their caregivers, and their health care providers.
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• References

Centers for Disease Control & Prevention. (2006). What is HIV? Retrieved

March 31, 2011, from http://www.cdc.gov/hiv/resources/qa/qa1.htm

The Body, (2008). The Stages of HIV Disease. Retrieved March 31, 2011, from 

http://www.thebody.com/content/whatis/art2506.html

Centers for Disease Control & Prevention. (2006). What is AIDS? Retrieved

March 31, 2011, from http://www.cdc.gov/hiv/resources/qa/qa2.htm

Centers for Disease Control & Prevention. (2010). How HIV Is and Is Not Transmitted.

Retrieved March 31, 2011, from 

http://www.cdc.gov/hiv/topics/basic/index.htm#transmission

Equal Employment Opportunity Commission. (1992). A technical assistance manual on

the employment provisions (title I) of the Americans with Disabilities Act. Retrieved 

September 5, 2008, from http://askjan.org/links/ADAtam1.html

EEOC Regulations To Implement the Equal Employment Provisions of the Americans 

With Disabilities Act, as Amended, 29 C.F.R. § 1630 (2011).
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This document was developed by the Job Accommodation Network, funded by a 

contract agreement from the U.S. Department of Labor, Office of Disability Employment 

Policy (DOL079RP20426). The opinions expressed herein do not necessarily reflect the 

position or policy of the U.S. Department of Labor. Nor does mention of trade names, 

commercial products, or organizations imply endorsement by the U.S. Department of 

Labor.