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Pre-employment physical
Dec 12, 1997

I've been offered a job with a Florida County government office. I'm

going to have to take a pre-employment physical. If they test for HIV

and my test is positive, may the results be reported to the employer,

or would it just be reported that I failed the physical? It's my

understanding that they will not hire someone who is positive because

of the effect it would have on the rates for group health plans.


Response from Ms. Breuer

Under the Americans with Disabilities Act your prospective employer is entitled to conduct a preemployment physical (after you've received a conditional job offer) to determine your fitness for the job. If your HIV condition will interfere with your ability to perform the essential job functions then the employer is not obligated to hire you. However, if you are suited to do the job, then your employer cannot deny you employment simply because you are HIV+ or simply to keep its insurance premiums down -- If you are denied the job because of your HIV condition and you are fully capable of performing all essential job functions - you should immediately consult an employment discrimination lawyer for assistance.

-- David Grunwald

employer rights
Should Health Care Workers Tell Their HIV Status?

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