HIV

LindaS

I have been asked by a colleague to find an answer to this question and am looking to you for assistance...

This friend has an EE who, rumor has it, has HIV. This EE works at the front desk and banquet (hotel). The friend is wondering if there is anything she should be doing regarding this situation.

Please advise...

Myrna Minkoff

What is your friend's concern? Is it that the EE may be HIV+? If that's the case, then your friend needs to be concerned about regarding the EE as disabled. I think the best thing your friend can do is education him/herself about HIV+. The Center for Disease Control's website is always a good place to start.

LindaS

My friend's concern relates to whether or not she has any obligations as this EE works with the public as well as with the food service. Does she have a responsibility to follow-up with the EE regarding the rumor? Should she just ignore it? What would/could happen should someone become infected (not necessarily by the EE in question) and blame the hotel that they should have done something regarding this EE?

Myrna Minkoff

There is a lot of information out there relating to HIV and food service - she needs to learn about HIV/AIDS. IMHO she has no responsibility to inquire with the EE as to whether he/she is really HIV+ unless it could potentially impact his/her job duties. When I say potentially, I mean based on scientific fact not just uneducated concern about HIV exposure.

I do think she should tell people who are spreading the rumor that it's not an appropriate topic of discussion at work.

Unless the EE is sleeping with co-workers/customers or sharing needles, then I think the risk of the spread of HIV is relatively low (but your friend needs to determine that for herself based on the specific functions of the job in question).

The hotel can be sued by anyone at anytime for any reason, so concern over liability isn't a basis for invading an EE's privacy and/or treating him/her differently than other co-workers. Treating him differently is just setting the ER up for a "regarded as" claim which could be difficult to defend.

I'm not trying to slam your friend in any way, but HIV/AIDS has existed for way too long and there is too much information available out there for people to have knee jerk reactions about what HIV+ persons can and cannot do. Rather than ignoring or perpetuating the concerns of other EEs, your friend has an opportuntity to educate EEs about the facts on HIV/AIDS.