Apr 25, 2003
If I were to test positive fir HIV would my doctor have to disclose this information to my employer?
Response from Ms. Breuer
No. Your doctor would be violating your right to privacy by disclosing your test result to your employer. Employers have a right to know whether you are capable of fulfilling the essential functions of the job. Whether you have lupus or HIV or a heart condition is a matter between you and your doctor, not you and your employer. I hope you test negative, but if you do test positive, please think very seriously and for a long time before you ever voluntarily disclose that to your employer. Have a very clear idea of why you're doing it, what you hope to gain, and how you'll respond if you suddenly start getting sub-standard performance reviews. There's no need to give an employer that information.
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