Aids Testing

MGrace

In the Health Care Industry can the employer require employees to have an AIDS TEST?

Brad Forrister

I don't believe Tennessee has any laws on the subject. Under federal law, AIDS is a disability under the Americans with Disabilities Act, which limits employers' ability to ask questions or require tests, especially of present employees. There is a "direct threat" exception that allows you to ask about AIDS when a worker would pose a direct threat to the health or safety of other individuals in the workplace. But even in the health field, where coverage under that provision might seem pretty obvious, its application is limited (questions to applicants or employees must be job-related and necessary for a particular position) -- narrow enough that you should seek the advice of counsel to make sure the inquiries are narrow enough.

System

I know that our local ambulance service makes blood testing for HIV part of their pre-employment physical. The prospective employee has to sign a release agreeing to the test first. I'm in Iowa...it's legal as long as the applicant agrees in writing to the blood test AFTER they have been offered employment conditional on the clean test. Right along the lines of drug testing consent.