An action for employment discrimination can be maintained by an individual with or believed to have Acquired Immune Deficiency Syndrome (AIDS) related complex or Human Immunodeficiency Virus (HIV). Pursuant to Florida's Civil Rights Act, individuals with AIDS or HIV should be given the same protection under the Act as a handicapped person. Under the Act, it is unlawful for an employer or potential employer to require an individual to take an AIDS test as a condition for hiring, promotion, or continued employment, unless it is a bona fide requirement of the employment that the individual not be infected with the virus. Additionally, no employer, labor organization, or joint labor-management committee may discriminate against an individual based on the fact that the individual is a licensed health care professional or health care worker who treats patients infected with the virus.

A plaintiff seeking damages for employment discrimination on the basis of AIDS or HIV should consult with a qualified and experienced West Palm Beach employment discrimination lawyer, whom will advise a plaintiff that pursuant to the Florida Civil Rights Act, the plaintiff may be able to recover:

• Damages against a person who violates the provisions;
  
  

  Reasonable attorney's fees; and

  Any other appropriate relief, including an injunction.

  However, a plaintiff with a cause of action under the FCRA may also seek other appropriate relief under any other applicable laws, such as the Florida Omnibus AIDS Act or any applicable federal laws. For instance, a cause of action for employment discrimination under the Florida Omnibus AIDS Act does not require proof that a plaintiff's HIV condition amounts to a handicap or disability. Pursuant to the Act, it is unlawful to discriminate based upon even the "perceived results" of an HIV test, without reference to the physical condition of the employee.

  A cause of action for employment discrimination may have many complex issues. Therefore, you should consult with an experienced West Palm Beach employment discrimination lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.