RIGHTS OF EMPLOYEES WITH AIDS
Employers must comply with federal and state anti-discrimination laws and health and safety laws in dealing with employees with AIDS. Employers usually may not:
- terminate or discriminate against an employee or job applicant based solely on the fact the employee has the AIDS virus;
- ask a job applicant whether he or she has AIDS;
- refuse a qualified job applicant employment because the applicant has AIDS unless the condition would interfere with the person's ability to perform the job; or
- discriminate against AIDS-infected employees in firing, demotions, transfers, job assignments, benefits, disability leave, compensation, or related matters.
If a coworker refuses to work with an AIDS- infected worker, the coworker must establish that his or her apprehension is reasonable and in good faith in order to be protected from discipline.
Employers must have policies that comply with
- all requirements of the Vocational Rehabilitation Act, the Americans with Disabilities Act, Title VII parallels, and existing Equal Employment Opportunity Commission (EEOC) guidelines;
- Occupational Safety and Health Administration Rules governing exposure to blood-borne pathogens;
- employee privacy rights; and
- employee benefit provisions.