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
Get Email Notifications When This Forum Updates or Subscribe With RSS
This forum is designed for educational purposes only, and experts are not rendering medical, mental health, legal or other professional advice or services. If you have or suspect you may have a medical, mental health, legal or other problem that requires advice, consult your own caregiver, attorney or other qualified professional.
Experts appearing on this page are independent and are solely responsible for editing and fact-checking their material. Neither TheBody.com nor any advertiser is the publisher or speaker of posted visitors' questions or the experts' material.