Timeline of Protections
No qualified individual with a disability shall, by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service. No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of services, programs, or activities of a public entity or be subjected to discrimination by any such entity. Mandates privacy and confidentiality restrictions to protect those living with the disease. This Act maintains the confidentiality of health information and provides a person the right to not only review but make corrections to personal medical records.
Rehabilitation Act of 1973 – Section 504
Americans with Disabilities Act of 1990 – Title II
Health Insurance Portability and Accountability Act of 1996
HIV and the right to obtain occupational training and state licensing service providers are not required to disclose personal HIV status in the workplace, as this is a personal choice that can have both a positive and/or negative impact . Disclosing to co-workers can be of benefit in cultivating a support system amongst colleagues; or it can unnecessarily create stigma causing coworkers to behave differently. When making this decision, it is important to carefully consider which individuals to tell. Best practice would be to have a specific plan for disclosure which takes into consideration who to inform, how to inform them, expectations for third-party disclosure, etc. Many employers offer an Employee Assistance Program (EAP) which will help employees handle disclosure at work and navigate personal issues that may affect performance, health, Conclusion While tremendous progress has been made, we have yet to win the victory over the HIV/AIDS epidemic, evidenced by the fact that by 2012, 658,507 people with an AIDS diagnosis have died in the US, with an estimated 13,712 people dying that year. We must each play our part in increasing prevention efforts in order to save lives and improve the quality of life for those living with HIV. Despite the advances in treatment and therapies, today the world faces a heightened risk of contracting and transmitting HIV. To conquer the disease and reign in the next era of HIV prevention, we must be informed and consistent in our prevention and education efforts. At the same time, we must keep in mind that although this is a serious disease, it is also a preventable disease, and the extra care that we take in our lives and in our salons can be the difference between life and death – for not only our clients, but also yourself.
or well-being. Information share with EAPs is protected by confidentiality from your employer. Workplace discrimination based on HIV status is illegal and there are regulations in place to assist anyone experiencing discrimination after disclosing status. Even though it is not required to disclose status in the workplace, those living with HIV/AIDS do have the responsibility to disclose their status to healthcare providers (doctors, clinical workers, dentists, etc.) and sex or needle-sharing partners under penalty of law. However, they are not obligated to disclose to all service providers, and therefore may keep this information private when securing cosmetology services. Again, all services should be provided using standard precautions, making disclosure from clients irrelevant to safety and prevention.
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Book Code: EFL1024
EliteLearning.com/Cosmetology
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