Please Note: Due to volume considerations, not all questions can be answered. Questions most likely to be answered will be those of general interest to a broad group of visitors to this forum. Questions pertaining to a specific case; requests for diagnosis, medical advice, or second opinion; or requests for opinions about untested alternative therapies will generally not be answered.
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TITLE XLIV CIVIL RIGHTS
Sep 12, 2003
Hello Nancy,
I would like for to please give your opinion on this law?
TITLE XLIV: CIVIL RIGHTS
760.50 DISCRIMINATION IN THE TREATMENT OF PERSONS; MINORITY MISCELLANEOUS PROVISIONS.
(D) A PERSONMAY NOT FAIL OR REFUSE TO HIRE OR DISCHARGE ANY INDIVIDUAL, SEGREGATE OR CLASSIFY ANY INDIVIDUAL OF EMPLOYMENT OPPERTUNITIES OR ADVERSELY AFFECT HER OR HIS STATUS AS AN EMPLOYEE, OR OTHERWISE DISCRIMINATE AGAINST ANY INDIVIDUAL WITH RESPECT TO COMPANSATION, TERMS, CONDITIONS, OR PRIVILAGES OF EMPLOYMENT ON THE BASIS OF THE FACT THAT THE INDIVIDUAL IS A LICENSED HEALTH CARE PROFESSIONAL OR HEALTH CARE WORKER WHO TREATS OR PROVIDES PATIENT CARE TO PERSONS INFECTED WITH HUMAN IMMODEFICIENCY VIRUS.
HERE IS THE QUESTION WHY CAN EMPLOYERS USE HIV AND ON HEALTH FORMS INREGAURDS TO YOUR MEDICATION AND IN TERMS OF POLICY? PART B. I KNOW OF A COMPANY THAT INCLUDES HIV IN IT'S INFECTIOUS DISEASE POLICY. THE POLICY READS: IF A EMPLOYEE HAS AN INFECTIOUS DISEASE (TUBERCULOSIS, HEPATITUS A, HIV) YOU ARE TO SEND THE EMPLOYEE HOME WITH PAY COLLECT ALL RELEVANT INFO FROM THAT EMPLOYEE. NOTIFY YOUR AREA MANAGER AND GM IMMEDIATELY. DO NOT LET THE EFFECT EMPLOYEE RETURN TO WORK UNTIL YOU HAVE A WRITTEN MEDICAL CONFIRMATION THAT IS SAFE TO DO SO. THIS TO ME SOUNDS LIKE A POLICY THAT WOULD CLASSIFY AND SEGREGATE THE EMPLOYEE WITH HIV. PLEASE GIVE ME YOU INPUT ON THIS MATTER THANK YOU VERY MUCH.
SIGNED CONCERNED EMPLOYEE
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Response from Ms. Breuer
For a legal opinion that would be worth anything, please contact an attorney. I am not an attorney; nor is anyone else who volunteers at this workplace forum for TheBody.
My opinion plus $3.50 will get you a cup of coffee at Starbucks!
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