hiv work environment

[ANDYEE G]

are HIV
positive or individuals suffering from AIDS required to
notify their employer? can the employer fire or
encourage the employee to resign, for fear that (1)
Insurance rates will increase, (2) common knowledge
within the organization may cause a disruptive
environment?

 

[cbg]

No, an employee with AIDS is not required to notify the employer if they don't choose to, unless the nature of the job is such that not doing so would create a health hazard, However, before making such a decision, the person should be aware that:

1.) The one and only condition for which EVERY person who has it, regardless of their job, is covered under the ADA is AIDS.
2.) The employer cannot be held liable for providing a reasonable accomodation unless they are aware that the person has an ADA covered condition
3.) Firing an employee who is disabled under the ADA for either of the reasons you suggest is an actionable offense for which the employee could sue and would win (this does not preclude the possibility that the employee could be legitimately fired for other reasons)