Jul 24, 2001
Besides the military, are there any other government agencies that conduct random testing for HIV. Like the IRS?
| Response from Ms. Breuer
As you may know, Congress often exempts the US government from antidiscrimination laws it passes for the rest of the country, including the Americans with Disabilities Act. But I've never heard of "random HIV testing" anywhere. Random drug testing, yes, but not random HIV testing. Any employer that requires an HIV test must be able to prove that an HIV positive result would have a direct bearing on the person's ability to do the job, an almost impossible case to prove. If the employer requires the test, it must be required of all persons to whom the job offer is made in that job classification. I do not know all of the requirements of the various branches of government, but would think that only a job that requires the freedom to travel anywhere in the world would logically make a "clean" HIV test a job requirement (since so many countries, especially the US, refuse to admit HIV positive people at their borders). I have spoken with officials at the IRS about accommodations for people with HIV, and they make the accommodations routinely. But I would expect that policy could be different at, for example, the CIA, where overseas travel would be necessary in certain jobs.
By the way, US military HIV testing is not random. It's periodic and universal.
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