equal opportunity in employment under the Americans with Disabilities Act (ADA), despite disabilities (including positive HIV status). The ADA maintains that people with HIV, whether or not it is symptomatic, are physically impaired to the point that it substantially limits their life activities, and they are therefore covered under the act. Thus, the ADA protects against discrimination against HIV-positive persons and specifically those who are denied an occupational license or admission to a school on the basis of their HIV status. Title II of the ADA prohibits both state licensing agencies and occupational training schools (including cosmetology schools) from discriminating against individuals with HIV/AIDS. A licensing entity, trade school, or training program cannot exclude a person with HIV/AIDS because of their status. However, a person infected with HIV may be excluded from the activities or services of a private or public entity if there is a health concern that they pose a significant risk to the health or safety of others or are a direct threat that cannot be eliminated or reduced to an acceptable level by reasonable modification. Evidence of the direct threat must be based on an individualized assessment of the person with the disability and on current medical evidence. However, transmission of HIV will rarely raise a legitimate direct threat issue because the virus cannot be transmitted by casual contact. Therefore, circumstances are unlikely for the transmission of HIV in a school or workplace setting. If a licensing entity or trade school requires an applicant to provide a doctor’s certification that they are free of infectious, communicable, or contagious disease, this must exclude diseases, such as HIV, that are not transmitted through casual contact or the usual practices of the occupation for which a license is required. Furthermore, the HIPAA mandates privacy and confidentiality restrictions to further protect those living with the disease. This act maintains the confidentiality of health information and provides a person with the right not only to review but also to make corrections to personal medical records. by confidentiality. Workplace discrimination based on HIV status is illegal, and there are regulations in place to assist anyone experiencing discrimination after disclosing their HIV status. Even though it is not required to disclose one’s status in the workplace, those living with HIV/AIDS do have the responsibility to disclose their status to healthcare providers (such as doctors, clinical workers, and dentists) and sex or needle-sharing partners under penalty of law. However, they are not obligated to disclose their status to all service providers and therefore may keep this information private when securing services. Again, all services should be provided using standard precautions, making client disclosure irrelevant to safety and prevention. contracting and transmitting HIV. To conquer the disease and enter 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— not only for our clients, but also for ourselves.
Timeline of Protections
Rehabilitation Act of 1973, Section 504
No qualified individual with a disability shall, by reason of their 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 U.S. 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. This act mandates privacy and confidentiality restrictions to protect those living with HIV/AIDs. This act maintains the confidentiality of health information and provides people the right not only to review but also to make corrections to personal medical records.
Americans with Disabilities Act of 1990, Title II
Health Insurance Portability and Accountability Act of 1996
The Rehabilitation Act of 1973 ensures that every person is given equal opportunity to participate in and receive benefits from any program or activity that receives federal funding, and every person in the United States is afforded
HIV and the right to obtain occupational training and state licensing Service providers are not required to disclose their personal HIV status in the workplace, as this is a personal choice that can have a positive or negative impact. Disclosing one’s status to coworkers can be of benefit in cultivating a support system among colleagues, or it can unnecessarily create stigma, causing coworkers to behave differently. When making the decision about whether to disclose, it is important to carefully consider which individuals to tell. Best practice would be to have a specific disclosure plan that takes into consideration who to inform, how to inform them, and expectations for third-party disclosure. Many employers
offer employee assistance programs (EAPs), which can help employees handle disclosure at work and navigate personal issues that may affect performance, health, and/ or well-being. Information shared with EAPs is protected Conclusion While tremendous progress has been made, we have yet to conquer the HIV/AIDS epidemic. More than 700,000 people with HIV have died in the U.S., with an estimated 18,489 people with HIV dying (from any cause) in the U.S. and its dependent territories in 2020 (Kaiser Family Foundation [KFF], 2022). We must each play our part in increasing prevention efforts to save lives and improve the quality of life for those living with HIV. Despite the advances in treatment and therapies, people around the world still risk
Page 25
Book Code: CFL1025
EliteLearning.com/Cosmetology
Powered by FlippingBook