Pre-employment HIV testing
Dec 29, 2004
About a year ago, while interviewing for a potential position within the medical field, I was asked to submit to a blood draw for drugs/HIV. The offer for the job was pending on the results of the draws. After the results were obtained from the potential employer, they declined any further offer to me, as I am HIV+. I filed an EEOC complaint and am still awaiting thier final verdict. Is there any federal laws prohibiting the testing for HIV in potential employees?
Response from Ms. Breuer
YOu don't say what job you were applying for. Generally, it is illegal to use HIV as a reason to deny a job to someone. If I were you, I'd stay in touch with the EEOC person, who obviously knows much more than I do about your case. The federal law you're asking about is the ADA, which prohibits employment discrimination based on disability, with a few loopholes such as special consideration for jobs that require invasive procedures, such as surgery. Could you have been in the category of those who perform invasive procedures? If so, HIV, hepatitis and several other conditions are considered reasonable grounds for denying employment because of risk to others.
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