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Can I be denied a Health Care job because of HIV?
May 16, 2013

I applied for a clerical position with a county health services department and was asked to take a medical exam as part of the pre-employment health screening. The position is strictly clerical not medical. I was asked about Tuberculosis and possible weakened immune system due to HIV and I answered yes. I also disclosed to the doctor performing the TB test that I was on Anti Retro-viral treatment for HIV. Can I be denied the job because of this?

Response from Mr. Chambers

Under the Americans with Disabilities Act (ADA) an employer cannot require a physical exam UNTIL a formal job offer is made. They cannot withdraw that offer due to anything in the physical exam unless it is something that prevents you from doing the job duties. Being HIV+ is not a reason to deny you a clerical position. You should not be denied the job because of what you told the examining doctor.

Based on what you have told me, if they do deny you the position, you should talk to a legal services agency in your area.

Good luck, Jacques



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