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HIV are forbidden in certain areas?
Aug 6, 1997

Certain kinds of occupation are not allowed for person with HIV (PWH) it seems. Should there be any kind of punishmentss if the applicants did not reveal the fact that he or she is infected? What if he or she got infected after having the job for a while?

Response from Ms. Breuer

The question is very broad. I am not aware of "certain kinds of occupations not allowed for persons with HIV." Apart from the U.S. Military, which tests applicants for military service and denies enlistment for HIV-positive recruits, I do not know what areas the questioner might be addressing. For health care workers who do invasive procedures, the local hospital usually sets those standards. As to sanctions, the question does not tell us what the desired outcome of such sanctions would be. I'm confused by the question. If a person becomes infected after having the job for a while, then the issue is not the diagnosis; it is the person's performance on the job. Is the person able to perform the essential functions of the job up to the employer's standards? If so, the diagnosis should be irrelevant.

Please send me additional information if this response does not address the question.

-- Nancy Breuer



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