NCJ Number
116622
Date Published
1989
Length
11 pages
Annotation
This chapter examines State and Federal statutory protections available to employees with AIDS.
Abstract
A growing number of States have enacted privacy and confidentiality statutes relating to testing for the AIDS antibody: some prohibit testing by employers; others prohibit employee testing without written consent of the employee; and some prohibit the use of test results in hiring, promotion, or retention. Further, most employers have no demonstrable interest that would justify a test to screen employees or applicants for exposure to AIDS because the test result has no effect on the employee's ability to perform the job and fear of contagion is unjustified by medical evidence. All States require that the names of AIDS patients be reported to health authorities, but only Colorado presently requires that seropositive individuals be reported. Several States have enacted legislation to protect the confidentiality of employee medical records. The National Labor Relations Board has not yet addressed whether a strike over health and safety issues regarding AIDS is a protected activity under Federal law. Centers for Disease Control guidelines should be followed to ensure compliance with occupational safety and health (OSH) laws, pending the issuance of standards by OSH Administration. Under the Employee Retirement Income Security Act, the potential cost of a health plan or other employee benefit cannot be used as the basis of an employment decision concerning persons with AIDS; and AIDS employees are protected from discrimination in workers' compensation and unemployment benefits. Finally, employers are required to follow collective bargaining agreement provisions for covered employees with AIDS.