|Do employers have the right to know if an employee has AIDS?
Dec 31, 1998
should employers be able to force employees to tell if they have the HIV virus.
| Response from Ms. Breuer
Thank you for your question. Actually, it's not a "should" question. Confidentiality of medical information is part of our right to privacy, a constitutionally-protected right that existed long before this epidemic. The only situation in which an employee may need to reveal the diagnosis is on the application for Family and Medical Leave, if the person wishes to take advantage of that legislation. Even then, the information must remain in a separate file to which only the director of HR or employee health has access, and it cannot be shared with anyone else. If it is, and discrimination results, the employee would have grounds for a compelling lawsuit.
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