|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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