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Employer's right to know...
Jun 8, 2001

Hello, I've read many of the questions and answers in this forum and am grateful to have found this resource. However in one response I found this confusing statement by Nancy Breuer, "The Americans with Disabilities Act provides him with protection from discrimination, and no civilian employer (with the exception of a hospital) has the right to know an employee's diagnosis..." When Nancy exceptionalizes hospitals is this a general statement applying to all employees of the institution or specifically those employess with direct "invasive" patient care? I am an employee of a hospital and although I do hold state and national licensure I am not employed in a direct patient care position. Does my employer have the right to know my HIV status?

P.S. Thank you for an excellent forum!

Response from Ms. Breuer

And thank you for an excellent request for clarification. If you are not involved in invasive procedures, as I understand it, your employer (hospital) does not need to know your diagnosis. Check with the policy of your own hospital board about limitations on practice concerning bloodborne viruses. I believe you'll find that the restrictions are very limited and specific to invasive procedures. Sorry for the lack of clarity!



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