American Mult-National Company Discrimination - Please Help

[Guest guest]

Hi,I work for an American multi-national company in Asia. I am not an American, I am caucasian and of European origin. About 12months back I was hospitalised in the country within which I work for PCP which as you all know is an AIDS-defining illness. Subsequent blood tests by the hospital without my consent confirmed my HIV+ status. It has taken me some time to get back on my feet but I think I am about to be beaten by this.

In that country they will not issue or renew work permits for HIV+ foreign workers. I hear that the practice is to shift to nearby countries which do not have those discrimiatory laws. This is completely feasible for me as I have a regional role that covers those countries anyway and the costs to the company would in fact be zero btu I do not know if they are prepared to do it and I am very worried about the risk of discimination.

I am living in constant fear of losing my job due to discrimination by my company which is very stressful and not helping my situation. I have told my manager about my status and his boss also as I know both of them very well and trust them implicitly but my greatest fear is that the company will silently try to discriminate against me. I really don't know what to do.

I am very worried because in the company group health insurance did not pay for my hospitalisation etc. (which cost me 100K) and has a clause stating " no HIV " . I have run my cash down to almost nothing just paying for hospital bills and a year of HAART. I cannot return to my country of origin as I have not lived there for 15 years and have not paid taxes so I will not be covered by any government programs for assistance. I DESPERATELY NEED MY CURRENT SALARY OR BETTER IN ORDER TO SURVIVE.

My wife has also contracted HIV (presumably from me - we really don't know), I had her tested immediately when I found out. If my company decides to discriminate against me then my life and wifes life are in jeopardy due to the inability to support the $5000/month we need to pay in order to stay on HAART. Both of our immune systems are equally bad right now (50-100 TCells). If she requires hospitalisation then we are in big trouble because the company's health plan will not pay.

I really don't know what to do and I am seeking anyones advice on what I can do to stop this globally renoun banner US company from discriminating against me by either:Allowing me to move to a nearby country but forcing me to take a pay cut that is commensurate with local pay terms in that country (likely 75% of my pay would be gone) - net net - death

Terminating my employment in the company thereby cutting off all my salary - net net also deathNot accomodating my needs by allowing me to relocate and forcing me to resign because I do not have a valid work permit

I want to know who can help me and who knows the laws governing such situations for US companies operating on foreign soil. I have already explored some legal channels in the country I work in but nobody knows what to do or is prepared to even advise me. I do not know if they are planning to discriminate against me but I need to prepare for the worst case.

Please help me.Dizzy

[Guest guest]

"I really don't know what to do and I am seeking anyones advice on what I cando to stop this globally renoun banner US company from discriminatingagainst me by either:1. Allowing me to move to a nearby country but forcing me to take apay cut that is commensurate with local pay terms in that country (likely75% of my pay would be gone) - net net - death2. Terminating my employment in the company thereby cutting off all mysalary - net net also death3. Not accomodating my needs by allowing me to relocate and forcing meto resign because I do not have a valid work permit"I think it would entirely depend on the laws of the country where you are employed, and US law might not have jurisdiction.In the US, it it permissible for a company to write insurance plans to deny coverage for specific conditions.  This is typically used only by small businesses that would be bankrupted by even one patient with diabetes or HIV or breast cancer.  It is very unusual for major corporations to have these horrible clauses in their insurance plans.  Then again, nothing surprises me anymore.  It does sound like a terrible position to be in.  I do not understand how you can be denied entry to your country of origin.  You may not have paid taxes, but many countries have reciprocal tax treaties that make it so that if you pay taxes in the country where you reside, you are exempt from taxes in your country of origin. Barrowpozbod@...

[Guest guest]

"I really don't know what to do and I am seeking anyones advice on what I cando to stop this globally renoun banner US company from discriminatingagainst me by either:1. Allowing me to move to a nearby country but forcing me to take apay cut that is commensurate with local pay terms in that country (likely75% of my pay would be gone) - net net - death2. Terminating my employment in the company thereby cutting off all mysalary - net net also death3. Not accomodating my needs by allowing me to relocate and forcing meto resign because I do not have a valid work permit"I think it would entirely depend on the laws of the country where you are employed, and US law might not have jurisdiction.In the US, it it permissible for a company to write insurance plans to deny coverage for specific conditions.  This is typically used only by small businesses that would be bankrupted by even one patient with diabetes or HIV or breast cancer.  It is very unusual for major corporations to have these horrible clauses in their insurance plans.  Then again, nothing surprises me anymore.  It does sound like a terrible position to be in.  I do not understand how you can be denied entry to your country of origin.  You may not have paid taxes, but many countries have reciprocal tax treaties that make it so that if you pay taxes in the country where you reside, you are exempt from taxes in your country of origin. Barrowpozbod@...

[Guest guest]

As you already know, expatriates returning to Australia face a 12 month waiting period under Medicare for pre-exisiting conditions - unless they meet certain conditions, such as having a Medicare compliant expatriate cover.

As a practical matter, specialised HIV clinics in Australia tend to provide services and dispense subsidised medications to those without Medicare cover for the normal nominal Medicare co-payment. Don't ask me how they report this on their books, but I've experienced this myself in New South Wales.

Within the United States the primary applicable laws for employer health plans are ERISA (Employee Retirement Income Security Act) and the ADA (Americans with Disabilities Act) which specifically excludes discrimination against people such as those with HIV. Unfortunately, ADA has been determined to be non-applicable to American firms operating overseas. Generally, the operations of US firms must meet the local laws in the nations they operate. An attorney may be aware of protections under ERISA or other laws which might protect you, but I doubt that such protections exist.

> >> > You might want to inquire with the ACLU or some similar organization to> > try and get some legal advice... or one of the ASO's (AIDS Services> > Organizations) in a larger city like San Fran or NYC... if they can't help,> > they may be able to refer you to someone who can....> >> > Re:American Mult-National Company Discrimination -> > Please Help> >> > "I really don't know what to do and I am seeking anyones advice on what I> > can> > do to stop this globally renoun banner US company from discriminating> > against me by either:> >> > 1. Allowing me to move to a nearby country but forcing me to take a> > pay cut that is commensurate with local pay terms in that country (likely> > 75% of my pay would be gone) - net net - death> > 2. Terminating my employment in the company thereby cutting off all my> > salary - net net also death> > 3. Not accomodating my needs by allowing me to relocate and forcing me> > to resign because I do not have a valid work permit"> >> > I think it would entirely depend on the laws of the country where you are> > employed, and US law might not have jurisdiction.> >> > In the US, it it permissible for a company to write insurance plans to> > deny coverage for specific conditions. This is typically used only by small> > businesses that would be bankrupted by even one patient with diabetes or HIV> > or breast cancer. It is very unusual for major corporations to have these> > horrible clauses in their insurance plans. Then again, nothing surprises me> > anymore.> >> > It does sound like a terrible position to be in. I do not understand how> > you can be denied entry to your country of origin. You may not have paid> > taxes, but many countries have reciprocal tax treaties that make it so that> > if you pay taxes in the country where you reside, you are exempt from taxes> > in your country of origin.> >> >> >> > Barrow> > pozbodearthlink (DOT) net pozbod@...> >> >> >> >> > > >>