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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