Screening Workers for AIDS (Acquired Immune Deficiency Syndrome) (From AIDS and the Law: A Guide for the Public, P 126-141, 1987, Harlon L Dalton and Scott Burris, eds. -- See NCJ-107949)

• NCJ Number: 107953
• Author(s): M A Rothstein
• Date Published: 1987
• Length: 16 pages
• Sale Source: Yale University Press
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

The use of the human-immunodeficiency-virus (HIV) test in employment screening is legally problematic and creates serious practical and ethical problems that outweigh any possible benefits.

Abstract

One response to the threat of acquired immune deficiency syndrome (AIDS) in the workplace has been a call for massive blood screening of applicants and employees, leading to the rejection or dismissal of all who test positive for the HIV. Although the development of the HIV antibody test has been important in detecting the AIDS virus in donated blood, its use in employment screening is both medically and legally problematic. The most widely used test, ELISHA, is not reliable when used for the large-scale screening of people. Because HIV infection neither endangers coworkers nor affects the carrier's work skill, an employer has little need to know a worker's antibody status. Indeed, because antibody status is generally not relevant to employment decisions, its use by employers may violate laws prohibiting discrimination against the handicapped. Even when properly used, the test generates information that must be kept confidential. Careless use of the information could damage the worker and make the employer liable. 2 tables.