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Need help with employee with HIV

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sperry lim

Junior Member
Hello,

I live in california. I own a restaurant and one of my employee told me that he has HIV. I want to keep him working as my prep cook and he wants to keep his job. However, i do have another employee who is upset with me for keeping him working here for fear of catching HIV from the infected employee and threaten to call the labor board on me for keeping him. What is my legal option?


thank you,
Sperry
 


pattytx

Senior Member
Good for you; your complaining employee can go pound sand; he's about 25 years behind the curve in thinking that HIV-positive individuals can "give" others HIV/AIDS simply by the contacts of normal living. Being HIV positive is the ONLY condition automatically covered under the ADA. It would be a violation of the ADA if you DID demote or fire him SOLELY because he was HIV-positive. IF he is symptomatic to an extent that his doing such work may be unsafe, accommodations are available.
http://askjan.org/media/aids.htm
http://www.aidsresource.com/faqs.html
 
Last edited:

Beth3

Senior Member
You can tell the employee who wants the HIV employee gone that unless he's having unprotected sex with or getting blood transfusions from his colleague, he has nothing to worry about and he needs to mind his own business. You might also suggest that he educate himself on how HIV is transmitted as he clearly is completely in the dark. (Has this guy been under a rock for the last 20 years?)

If he still threatens to call the labor board, tell him he is more than welcome to do so. Then just forget about all this and continue on with the business of running your restaurant.
 

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