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Well i have worked at a bar restaurant for the past 7 years,

Well i have worked...

Well i have worked at a bar restaurant for the past 7 years, and lately i have had a lot of sexual comments thrown at me about mhy sexualality so much so that at one point in late october i felt i had to tell my manager that there was a reason that i had not gotten together with any of the employees or patrons there was because i was hiv positive. and that all the gay comments and chatter that was being thrown my way was affecting me and that it was not right nor fair to me to have to deal with it every shift.

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

Just one of my managers

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will no union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No not sure

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Answered in 5 minutes by:
3/20/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,329
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Customer reply replied 1 month ago
yea i think it would be quicker and easier to explain over the phone(###) ###-####
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I’m sorry to hear about your situation. Under the Americans with Disabilities Act, employers are required to provide their employees with reasonable accommodations. According to the U.S. government:

“A reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.”

In addition, state and federal law prohibit employers from discriminating on the basis of sexual orientation as well.

An employer also cannot take negative employment action against an employee for asserting their ADA rights. During an application for a job, an employer can ask if you can perform the duties of the job with or without reasonable accommodation, but they can’t ask you about your disability. An employer can refuse to hire if the nature of the disability would pose an objective and unreasonable risk to the employee or others.

If an employee feels as if they have been discriminated against, then they can file a discrimination complaint with the Equal Employment Opportunity Commission. The Equal Employment Opportunity Commission or the Department of Industrial Relations. field office in your area will serve as the agency that would oversee the complaint, should you decide to file one.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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