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Pre-employment drug testing and HIV implications
Feb 5, 2001

Let's say that I apply for a job at company X and they require a drug test. I take the test and I test positive for something due to my HIV status. Do I have to tell the potential employer of my status to dispell concerns of my testing positive. Do I have a legal right to refuse listing my medications? If so what's the authority? Lastly, if I refuse to list my medication and I am not hired, do I have a claim of discrimination against them for denying me employment due to my status? Thank you.

Response from Ms. Gabriel

First, understand that the employer must make a "conditional offer of employment" before requiring a drug test. It is unlikely that anti-HIV medication would trigger a positive result for the employer-requested drug test. Laws vary by state so your best option is to contact the legal assistance program of your nearest AIDS service organization. They would have the most experience and up-to-date information for you. If you are not near an ASO please write again, with your city, state, and I'll find someone for you.

Lynne Gabriel

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