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Wise @ Work ENews Update: March 2005
WORKPLACE CASE STUDY: The Wise @ Work program hears from employees and employers from different types of industries. As the service industry expands, we hear more and more from HIV-positive workers in fast-food outlets, restaurants, hotels, and retail operations. These workers sometimes encounter discriminatory treatment in the workplace, often due to But other cases are more complicated. The case study below is typical of some cases we see at MAP. While it's not as extreme as"freaking out" about HIV and food, it does involve concepts like sick leave policy, language and culture, and union involvement. We heard from an employee who worked at a large hotel chain as a dishwasher, and belonged to a union. His HIV status caused numerous medical problems that caused him to miss work. He would not call in if he was sick, but always brought a doctor's note when he returned. He was terminated due to excessive absences. He cannot read, and language is a barrier, as he is a recent immigrant to the United States. If this were you, what's your next step? The employee's union was extremely helpful in this situation. As an advocate for workers' rights, the union was uniquely placed to assist this HIV-positive employee. MAP Legal Services advised the employee to file a grievance against the company and start the process with his union's shop steward. The steward would also be able to In this case, the employee tried to let his employer know why he was missing work. Every workplace will have different policies on sick leave or notification to a supervisor if an employee is out sick. You should check your employee manual or contract, ask your supervisor or shop steward, or your HR department about sick leave policies at work. Since HIV qualifies as a disability under the Americans With Disabilities Act (ADA) and Minnesota Human Rights Act (MHRA), an employee with HIV should be treated no differently than employees with other disabilities. Employers (and co-workers) encounter problems when they treat employees with HIV differently or in a discriminatory manner because they don't have the facts about HIV. Language can be a huge barrier for any recent immigrant to the United States, and its impact on an HIV-positive individual's communication skills, access to services, and willingness to discuss their situation is considerable. Employers should be sensitive and empathetic to all of their employees, including their HIV-positive employees, and work with them to make sure that their work experience is both comfortable and productive. Employers can also work with non-profit and community organizations and leaders to help them communicate better with their increasingly diverse workforce. In addition to the grievance filed on behalf of the employee to dispute the termination, the employee also applied to receive unemployment benefits. This claim was disputed by the hotel. MAP Legal Services, working with a Minneapolis attorney specializing in employment law (working pro bono) helped guide this employee through the grievance and unemployment processes. Wise @ Work HOT ISSUE MEMO: As the HIV epidemic in Minnesota expands into lower-income communities, more and more situations like those experienced by the hotel employee in the case study above, will occur. New infections in Minnesota are rising in communities of recent (especially African-born) immigrants to the state. Many work in lower-income jobs like the employee in the case study- service work, retail, hospitality industry- and work as janitors, housekeepers, in the laundry, in food prep behind the scenes in restaurant kitchens, and in franchise businesses like fast food. Like the employee described above, recent immigrants to Minnesota who became HIV-positive while here have to deal with countless issues besides their diagnoses that can make managing HIV more difficult. LANGUAGE BARRIERS LACK OF ON-THE JOB SUPPORT People in minimum-wage and entry-level jobs often don't have the benefits and resources union members have. Also, when you're at this end of the economic ladder, fear of losing your job is a huge deterrent to asking for help, dealing with your diagnosis, and/or seeking what benefits are due you as an employee, like sick time, or reasonable accommodations including time off for doctor's appointments. And, depending on who else at work is aware of the HIV CULTURAL BARRIERS TIPS AND RESOURCES: How the Union can help:
To get a copy of this training for your fellow members, contact Kate Kline at 651-646-7503 or via email at kkline@mnnurses.org.
http://www.hivatwork.com/ http://www.laborcares.org/ NEWS LINKS Court rules three HIV-positive men rejected as flight attendants can sue airline NTUC urges employers to adopt HR-friendly policies on AIDS workers Guidelines For Business Coalition Against HIV/AIDS People living with HIV face workplace discrimination Revisiting AIDS As a Corporate Issue The Global Business Coalition on HIV/AIDS Announces 2005 Awards for Business Excellence Companies Trailing in Global AIDS Fight -Survey
Last Updated:
Monday, November 12, 2007
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