Dealing with employees that have HIV or AIDS

If you have an employee with AIDS or HIV, chances are their co-workers are a little concerned. Even though HIV or AIDS can only be spread through sexual contact or blood contact, many people are still worried about becoming infected because there is not a cure for AIDS. If you have employees with AIDS, you must take extra precautions to protect your other employees and you need to accommodate these employees.

Employees with HIV/AIDS are protected by the Americans with Disabilities Act and the Rehabilitation Act. These Federal documents explain to employers that they cannot discriminate against an employee that has HIV/AIDS. They have to consider them for job-promotions just like they would with any other employee.

Most employers require their employees to pass drug tests and to have blood tests done. If you are about to hire an employee with HIV/AIDS, you need to show legitimate reason for having the blood test done. You could require the test because your company does have workplace accidents and it could be extremely dangerous if that employee is cut and they bleed. Employers that require blood testing must consider the risk of hiring an individual that has HIV/AIDS. The only reason they can deny their request for employment for HIV/AIDS is if they find proof that there is a great deal of risk of the virus being transmitted to other people.

You may have other employees that quit working at your facility because they found out one of their co-workers has HIV/AIDS. The only reason they can quit is if they have a reasonable belief that their working conditions are unsafe. If you have a desk job, it is unrealistic to think your co-worker could infect you with the HIV/AIDS virus. A farmer on the other hand does have a reasonable concern because the accident rates are higher.

The U.S. Surgeon General provided guidelines for employers that have employees with AIDS or HIV. Here are a few guidelines you can follow:

• Introduce an HIV/AIDS education program for your company. Talk about how HIV can be transmitted and the discrimination act. You can even talk about the effects if HIV/AIDS and how co-workers can support each other if someone does have HIV/AIDS.


• You must follow the Federal and State guidelines for HIV/AIDS employees. This means you cannot discriminate against them for any reason. If they are qualified for a job promotion, you must consider them in your running and you cannot fire them simply for having HIV/AIDS. Employers must also provide these employees with the same sick leave and vacation leave benefits as other employees.


• Allow the HIV/AIDS employee to continue working for your company as long as they are meeting the company standards and are not posing a threat to your other employees or customers.


• Employers must protect all personal information about an employee that has HIV/AIDS. They cannot inform others of the condition if an immediate threat is not prevalent. In addition to protecting their information, you must be able to offer them flexible work hours and offer them the same type of work as your other employees.

Check with your State to find out other regulations that you need to be compliance with. Hiring an employee with AIDS will increase your health insurance costs because they are considered a high risk for the insurance company. If you feel these costs are too expensive, you need to inform the employee they will be charged a higher monthly premium for their health insurance because of their condition. Several employers charge smokers and obese employees more money for their lifestyle choices that raise the health insurance premium.