|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.
Get Email Notifications When This Forum Updates or Subscribe With RSS
- How Long Can You Test Negative For Hiv While Actually Being Positive?
- If I Had Unprotected Sex With An Hiv Positive Woman What Are The Odds That I Am Infected?
- Heterosexual Men And Hiv
- Cloudy Urine And Hiv
- Hepatitis C Feet Pain Swelling
- Will Using Condoms Completely Protect Against Genital Herpes?
This forum is designed for educational purposes only, and experts are not rendering medical, mental health, legal or other professional advice or services. If you have or suspect you may have a medical, mental health, legal or other problem that requires advice, consult your own caregiver, attorney or other qualified professional.
Experts appearing on this page are independent and are solely responsible for editing and fact-checking their material. Neither TheBody.com nor any advertiser is the publisher or speaker of posted visitors' questions or the experts' material.