Expert: Michael Troy - 12/28/2006

Question
I am the guardian of a disabled adult who is HIV positive.  I live in Charlotte North Carolina.  I was pushed out of my job.  One employee said in front of other employees that ( we all know that person who lives with you is your boyfriend and they are not disabled ).  My old job went down hill after this.  I am only the persons guardian.  I am sill out of work. What do you do when something like this happens.

Answer
Hi Jim,

Sorry to hear about your situation.

I'm not sure that the First Amendment has any particular application to your situation.  

In general a private employer can fire you at any time for almost any reason.  There are a few limitations such as not being fired because of your race, sex, ethnicity, religion, age, handicap, etc.  But from your description, none of those seem to apply.

It sounds from your description that you were forced out because of a perceived homosexual relationship between you and the person you care for.  However, employment discrimination against homosexuals, real or perceived, is not barred under federal or most state laws.

If you believe that this false statement made about you is the cause of your loss of employment, you probably have a good case for slander against the person who made the comments.  You could sue that person for all the financial harm you have suffered as a result of the false and defamatory remarks.

If you wish to pursue that, I recommend contacting an attorney in your area who can help put a case together for you.

Good Luck!