The impact of HIV/AIDS on the workplace continues to grow as the population of those most affected by the disease (those aged 20-44) make up more than 50% of the 158 million people employed in the United States. It is unlawful to prohibit a person living with HIV/AIDS from participating in services offered to others, and it is illegal to deny them a benefit because of their HIV status . Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) protect those living with HIV/AIDS and their friends and family from this type of discrimination Timeline of Protections
It is important that while taking precautions against the spreading and/or contraction of HIV/AIDS, licensed professionals in no way infringe upon a person’s (be it a client, co-worker, or self) civil rights. the United States is afforded 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 the life activities and are therefore covered under the Act. In this, 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 barber and cosmetology schools) from discriminating against individuals with HIV or AIDS. A licensing entity, trade school, or training program cannot exclude a person with HIV/AIDS because of their status. A person infected with HIV may be excluded, however, from activities or services of a private or public entity if there is a health concern in which they pose a significant risk to the health or safety of others or 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 based on current medical evidence. However, transmission of HIV will rarely raise a legitimate direct threat issue as HIV cannot be transmitted by casual contact. Therefore, circumstances do not exist 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 he or she is free of infectious, communicable, or contagious disease, this must exclude diseases, such as HIV, not transmitted through casual contact or usual practice of the occupation for which a license is required. Furthermore, the Health Insurance Portability and Accountability Act of 1996 (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 the right not only to review but also to make corrections to personal medical records. confidentiality. 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 (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 disclosure from clients irrelevant to safety and prevention.
KNOW YOUR RIGHTS: PROTECTIONS
Rehabilitation Act of 1973 – Section 504
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 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
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 a positive or negative impact . Disclosing to co-workers can be of benefit in cultivating a support system among 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 that takes into consideration who to inform, how to inform them, and expectations for third-party disclosure. 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, or well-being. Information shared with EAPs is protected by
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