Questions and Answers: The ADA and Persons with HIV/AIDS

When is an employer required to make a reasonable accommodation?

An employer is only required to accommodate a “known” disability of a qualified applicant or employee. Thus, in most circumstances, it is the responsibility of the employee to request the reasonable accommodation. If the employee does not want to disclose that he or she has HIV or AIDS, it may be sufficient for the employee to say that he or she has an illness or disability covered by the ADA, that the illness or disability causes certain problems with work, and that the employee wants a reasonable accommodation. However, an employer can require medical documentation of the employee’s disability and the limitations resulting from that disability so disclosure may be necessary at some point during the interactive reasonable accommodation process.