POZ Community Forums
Off Topic Forums => Off Topic Forum => Topic started by: swede_dish on April 17, 2007, 07:31:00 pm
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I am screwed. OK, so. My ex told his new scag that I was poz. She just so happens to know my new boss and continued to disclose my status. She wrote me an email saying that I was being unfair and that since I threw away his things she was going to ruin my career. Now I was put on pretty big assignment this past week, a group effort. Well today I found out that I am no longer needed. I came up with the whole damn concept and now that just don't need me?? Oh and don't forget the f-ing stares. Now my boss stares at me like some sort of scab that he's aching to pick. I don't think he's told anyone else, but I wouldn't put it past him. Great.
Is it legal for that hoesbeast to do that?
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KEEP THE EMAIL EXCHANGES DO NOT DELETE THEM
Milker.
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KEEP THE EMAIL EXCHANGES DO NOT DELETE THEM
Milker.
I did save it...I haven't responded yet...I don't know what to say back...
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I would suggest not to reply, as this would fire up a nasty exchange and you don't want that.
Get acquainted with the laws of your state for discrimination just in case this goes to that point. So far you just lost assignment, and you have people staring at you, all of it could be coincidence so far. Don't start a mail war with her, do your job as usual, and wait and see but get prepared.
Milker.
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ASK YOUR BOSS WHY YOU WERE TAKEN OFF THAT ASSIGNMENT EVEN WHEN YOU HAD IT ALL READY! AND DO RESPOND, BUT IN A KIND PROFESSIONAL MANNER JUST TO GET MORE UGLY RESPONSE FROM HER AND WHOEVER ELSE INVOLVED SO THAT IF YOU HAVE TO GO TO THE COURT YOU CAN PROVIDE PLENTY OF EVIDENCE OF SOME KIND. I SUPPOSE THAT THEY CAN NOT LAY YOU OFF FOR BEING HIV POZ.
GO ASK YOUR BOSS IN A PROFESSIONAL MANNER WHY SO THAT YOU DON'T KEEP WONDERING WHATS GOING ON AND DETRACT YOU FROM DOING YOUR JOB PROPERLY.
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http://www.michigan.gov/documents/mihivlaws_49845_7.pdf
This may help. I havent read through it yet...... I have a little bit now....
There are a number of federal and state statutes that prohibit discrimination against
someone who is HIV-infected, or believed to be HIV-infected. These include
Section 504 of the Federal Rehabilitation Act of 1973, the Fair Housing
Amendments Act of 1988, the Americans with Disabilities Act ( ADA) of 1990,
and the Michigan Persons with Disabilities Civil Rights Act of 1976.
These statutes provide that a person who is HIV-infected, or is believed to be HIVinfected,
must be treated in a non-discriminatory manner as any non-HIV-infected
person. Physicians and other health care workers cannot refuse to treat an HIVinfected
person merely based on the patient’s HIV status, or because HIV infection
may be perceived to increase health risks to the physician or health care worker. A
physician, however, may refer an HIV-infected person to a specialist or physician
experienced in treating such patients, if such medical care and treatment are needed
by the patient.
Statewide Toll-free Hotline
1-800-872-AIDS
or
Michigan Department of Community
of Health, Wellness and Disease
(517) 241-5900
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The hard part about this legally is what they said is true. If it was false, it is called slander/libel. I'm not sure about what you can do if its true. I did find this in regards to Michigan law but again, it may only apply if the statement made was false.
Slander
You don’t have to prove actual harm to your reputation to collect damages for slander if someone says something about you that:
Affects your business, trade or profession
Implies you committed a crime
Leads to the conclusion that you have a loathsome disease
Suggests that you are somehow sexually impure
Otherwise, you’ll have to prove you’ve actually been damaged in order to collect for slanderous behavior.
PS
It's great that they put in LOATHSOME disease. CHRIST!
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The best thing you can do is to do your job and start documenting changes in the workplace that have occurred as a result of the email. Once you have the appropriate documentation about your role being diminished from the date of the email, approach your HR group since it sounds as if you work for a large company. The contact with the HR department will do two things: warn them that they have a potential lawsuit on their hands and also a discrimination problem.
AC is correct about a slander lawsuit since you cannot sue for what is true. Your best approach would be a ironclad discrimination suit should it come to that. In the interim, you need to be the best employee possible and do everything by the book. You can't give them an excuse to terminate you for performance. If the company eliminates your position, you have proof that was discriminatory and can probably negotiate a fairly sizable severence package.
I would also talk to a lawyer just to see what options you have. It wouldn't hurt.
I am hoping the best for you and that this will quickly resolve itself.
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I think you need to talk to a lawyer, babe. ADA protects you and Skankbait has set herself up for a civil suit. Unfortunately HIPAA doesn't mean much here since she who disclosed your Protected Health Information is not a healthcare provider(recent case), but she did so with malicious intent and it could very well be related to what's happening at your workplace. I agree with others above, do your job and document EVERY SINGLE INSTANCE and situation where you think you're being treated differently than before.
Does anyone in HR know of your status already?
Anyone is welcome to PM me if they have questions about HIPAA.
Best,
Creighton
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I think you need to talk to a lawyer, babe. ADA protects you and Skankbait has set herself up for a civil suit. Unfortunately HIPAA doesn't mean much here since she who disclosed your Protected Health Information is not a healthcare provider(recent case), but she did so with malicious intent and it could very well be related to what's happening at your workplace. I agree with others above, do your job and document EVERY SINGLE INSTANCE and situation where you think you're being treated differently than before.
Does anyone in HR know of your status already?
Anyone is welcome to PM me if they have questions about HIPAA.
Best,
Creighton
TOTALLY forgot about HIPAA.
While it may not apply to Her Skankiness, it MAY apply to your work/boss. Keep that little nugget in mind.
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If it was false, it is called slander/libel.
Truth is always a defense to slander and libel. I suggest he checks his state laws, as you said, many states have statues that prohibit discrimination based on many factors, including having HIV. I am not up to date on this, but I think it is also part of the ADA which would require an employer to make reasonable accommodations to someone with a disability, as that word is defined in the act. Again, I don't know enough about this topic to give any credible advise on how to proceed so I guess I should shut my mouth. Jim
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Suggests that you are somehow sexually impure
What's that?