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.
|
|
 |
 |
Ethics in the workplace
Feb 20, 2004
Ms. Breuer, I am the one who wrote you about the legal implications of the manager who has knowledge of an employee with HIV having unprotected sex with another employee. The paper I am doing for my Ethics class was to be on "Ethical Decisions in the Workplace". My team and I thought HIV in the workplace would be broad enought to write a lengthy paper on. What we are finding is that the law is so specific when it comes to HIV in the workplace that it takes out all decision making. Which I know is good... But it makes my paper very difficult. Do you have any suggestions? We can not changes topics now. Please help!!! Thanks, Trisha Luna
|
 |
|
 |
|
Response from Ms. Breuer
Dear Trisha,
I had hoped you would write back. And I disagree with your team. There are numerous ethical decisions that the law does not determine concerning HIV and the workplace. Creativity is required! Here's one:
You have a valued long term employee whose performance has been affected by HIV disease. The accommodations this person needs make it impossible for the person to fulfill the essential functions of the present job. Do you:
a. terminate the person--with grounds--because s/he cannot do the full job anymore?
b. transfer the person--who has a life-threatening illness and needs the income from the job, and doesn't want to stop working--to a less demanding job?
c. if you choose b, do you reduce the person's salary commensurately to fit with salaries that others in the same job earn? Or do you honor the salary level the person has achieved and continue to pay it, recognizing that if/when the person goes out on disability leave, the salary at the time of departure will determine the eventual benefit? The ADA doesn't advise employers about salary at all.
That one isn't made up. I've worked with numerous employers who have faced that one. The law doesn't help one bit.
Nancy
|
|
|
 Please remember that this forum is designed for educational purposes only, and experts are not engaged through this
forum in rendering legal or medical advice or professional services. Experts appearing on this page are independent and are solely responsible
for editing and fact-checking their material. Neither The Body nor any sponsor is the publisher or speaker of posted visitors' questions or the experts' material.
Questions and messages posted to this forum are not statements of advice, opinion, or information of The Body, Body Health Resources Corporation or any sponsor of this
forum. While neither The Body nor Body Health Resources Corporation regularly reviews posted content, we reserve the right to delete, move, or
edit postings if we deem it appropriate under the circumstances. Visitors submitting questions remain solely responsible for the content of their
messages.
Information provided by experts is general only and should not be used for diagnosing or treating a health problem or a disease, or relied upon as
legal or other professional advice. This information is not a substitute for professional advice or care. If you have or suspect you may have a
health or legal problem, you should consult your own health care provider or your attorney.
Copyright notice.
|
|
|
|
