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Need a concrete answer
Apr 21, 2015

Good evening Mr. Chambers. I'm a Peruvian citizen who is accepted to apply for a job in a cruise line (NCL America) I'm HIV+ with ART (supported by the government's assistant program). I'm really worried about the Elisa test, I think i will get a total refusal from the company because of my status. What do I have to do in this case? Is it possible apply the ADA in my case, for the company? I really need an answer.

thank you

Response from Mr. Chambers

If this is being done in the United States, the ADA could certainly apply. Under that law, employers are not allowed to require a red-employment physical exam until they have given you a firm job offer. They can only refuse to hire you after that if the exam shows you are not able to perform your job duties.

However, there have been some problems with cruise lines, who have tried different excuses for not hiring HIV+ employees, but, to my knowledge, when challenged in court, they lost.

That said, among applicants for such jobs, most say that HIV test is part of the physical and the lines do try NOT to hire people who are HIV+, probably not for fear of transmission, but because they are responsible for your medical care while at sea.

It also appears that European cruise lines do not test for HIV as much.

I wish there were a clear answer, but I'm afraid there isn't.

Jacques


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