May 20, 2003
Hello Nancy, I have been searching your site and found it facinating with regards to the information provided. My question is for my Business Management Class. We have a case study with regards to an employee and the possibility of HIV/AIDs. His ex-wife told his boss he has this; the dilema is does the boss have the right to ask him if this is true, albeit this is a rumor from an ex-wife? I believe she does not have that right and it is against the law for her to do so, but I am having a great deal of trouble locating an answer to what laws/guidlines can I use to defend my response. Thank you.
Response from Ms. Breuer
The boss has no such right, and the wife doesn't either! The best place to look for grounds for your argument would be in the privacy provisions of the new HIPAA law that went into effect April 14. Medical information is confidential, and employers do not have a "right" to it. Employers manage performance, not diagnoses. I apologize for taking so long to respond, and hope this is timely enough. Interesting case study. I'd hate to have to argue that the employer had a right--not a leg to stand on.
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