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Employer right to fire if HIV contracted on Biz Trip?
Jul 24, 2003

Would an employer have the right to fire an employee who contracts HIV while on a business trip overseas? This is under the assumption that the Insurance Co releases medical info to the employer, and this medical info includes doctors notes that the HIV exposure occurred overseas on a specific date (which could be tied to a business trip). Could the employer deem the employee's actions as "unsafe" and use this as grounds to terminate, citing the company's travel policy (which includes reference that all employees should practice safe behaviors while traveling)?

Response from Ms. Breuer

Is this a hypothetical question?

To learn how to deal with this creative question, go straight to the insurance company, which you can do via email or phone without identifying yourself. Ask whether any employee's diagnosis is ever revealed to the employer. It shouldn't be--they would risk big HIPAA fines if they asked the insurer for people's diagnoses.



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