HIV Positive Employee

Missy · May 2001

We have an employee that gave his manager a letter from his attorney in October stating that he was HIV Positive, requesting that we provide him with reasonable accomodations, and warning us that his condition needed to be held in cofidentiality. Last week, he told his manager that he was starting a new treatment program & that he would be out of the office more than he had been. We have started him on FMLA, but are not too sure what to do next. We are going to ask him to give his physicican's name & number to get more information regarding his condition & the treatment.

I have 2 questions:

Where can I find information regarding HIV in the workplace & reasonable accomodations for the condition?

What suggestions do you have for me going forward since this a very sensitive situation & we want to be sure that he is not discriminated against in any way for his condition?

System · May 2001

Here is a related article on HRhero.com about a lawsuit in Texas:

What is reasonable help for HIV-positive employee?
[url]http://www.hrhero.com/headlines/040601/hiv.shtml[/url]

System · May 2001

There some organizations that are set up to help employers identify reasonable accommodations for qualified employees who are HIV. Firstly, try the Job Accommodaiton Network. It has a website and is located in Virginia. It is considered a very good source. Specific organizations that can help an employer with identifying reasonable accommodations that could be used for an HIV employee who is qualified under ADA or similar state law include American Foundation for AIDS Research (AMFAR) in New York..[url]www.AMFAR.org[/url].

Consulting Program AIDS Foundation in San Francisco.

Of course, one of your best sources for identifying reasonable accommodation for your employee is YOUR EMPLOYEE. Another great source is HIS DOCTOR. I don't mean to be sarcastic but too often we overlook the simplest things and, in fact, you need to consult with your employee to be engaged in a good faith effort that the law requires.

Missy · May 2001

Thanks for the suggestions. The article and the websites look very helpful. I appreciate the assistance.

Mr. Labovitz, perhaps I came across as insensitive. That was not my intention. We have conferred with the employee & intend to confer with his physician. I am merely trying to educate myself on the best way to handle this situation, as it is the first time I have dealt with it & I want to be very sure I am handling it correctly.

System · May 2001

Missy, I didn't think you were insensitive nor even "coming across" as insensitive. I'm sorry that my post led you to believe that you had anything to feel sorry about (geez, sounds like the US and China). You are handling, from what I can tell, the situation appropriately. I tend to have an irreverant sense of humor so please take it only as that.

JJ · May 2001

All of the suggestions are good, especially the referral to the Job Accommodation Network, they are very knowledgable. It is important to note that HIV and Aids are the only two conditions specifically named in the Americans with Disabilities Act as covered disabilities.

pv25 · May 2001

This link might help:

[url]http://www.elinfonet.com/OLR_RZ.php[/url]

Select "Disability Discrimination" and then "AIDS/HIV"

Gar · May 2001

My only suggestion is that, in view of the language in the FMLA, be sure to obtain the employee's permission before consulting with his physician.

Reggie · May 2001

Be careful and check out the FMLA guidelines. They prohibit you from contacting an employee's doctor regarding FMLA. If you don't have paper reference to the regs. I would find them on the web.

Gar · May 2001

Hi Reggie. I had a feeling this was going to happen. We may need some interpretive assistance here. My understanding is that although the FMLA is clear about employer contact with health care providers, such is possible with the employee's permission if the reason is job accommodation under the ADA. Can someone help us out here.

System · May 2001

ADA does permit the employer to obtain information, with the emplyee's written release, from the doctor to establish that the individual has an ADA disability and that an accommodation, therefore is needed. Inquiriies to the doctor need to be limited to help the employer determine the ADA quaification and what types of accommodations could be used. Broad based inqiries on non-related medical issues are prohibited under ADA.

Reggie · May 2001

Hi GAR, apparently we were replying to this at the same time, when I posted my reply, your's was not there!! So, yes, I agree with the employee's permission you can contact the physician. Sorry for any confusion.

(BJ) · May 2001

Following the procedures for Blood Born Pathogens will handle the issue of HIV in the wor place. FMLA provides for intermittent absences which can be accommodated. It is when and if the disease becomes dibilitating that the issue of accommodation becomes critical.

HIV Positive Employee

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