Are you legally required to say you have HIV?

In 21 states, laws require people with HIV who are aware of their status to disclose their status to sex partners, and 12 states require disclosure to needle-sharing partners. The maximum sentence length for violating an HIV-specific statute is also a matter of state law.

Can a job fire you for having HIV?

Under federal law, employers may not fire or refuse to hire someone with HIV or another disability if the person can perform “essential” functions of the job. This assures that the person will not be considered unqualified simply because of his or her inability to perform marginal or incidental job functions.

Does an employee have to disclose their HIV status to an employer?

As an employee, you are not legally obliged to disclose your status to your employer or anyone else. Your employer is not allowed to demote or dismiss you based on your HIV status. The only time an employer may dismiss someone is when they become too ill to do their job.

Can you go to jail for saying someone has HIV?

If the person is actually infected as a result of the intentional HIV exposure, PC 120290 can be punished by: Up to 6 months in jail, and/or. A fine of up to $1,000.

Is it against the law to tell your employer you have HIV?

There is no legal duty on an employee to disclose their HIV status to their employer or to other employees. An employer cannot demand to know if the cause of an illness is HIV infection. A doctor or health care worker who tells an employer about an employee’s HIV status without their consent is acting against the law.

Can a person with HIV keep their job?

Although employers do not have to keep employees who are unable to do the job, or who pose a “direct threat” to safety (a significant risk of substantial harm to yourself or others), they cannot rely on myths or stereotypes about HIV infection when deciding what you can safely or effectively do.

Can a job offer be withdrawn if you have HIV?

If a medical examination reveals that an applicant has HIV, the employer may only withdraw the offer if: the applicant cannot perform the essential functions of the job with or without a reasonable accommodation (see below), or the applicant would pose a direct threat to health or safety in the workplace.

How does the Equality Act protect HIV positive employees?

The Equality Act protects employees who are HIV-positive from any discrimination at work related to their disability and requires the employer to make any reasonable adjustments. These are changes to the work you do or the physical environment that remove a substantial barrier that a person may experience as a result of their disability.

Can a employer ask you if you are HIV positive?

An employer may not ask a job applicant disability-related questions, including whether the applicant is HIV-positive, before making a job offer. However, an employer may ask applicants whether they can perform the job and how they would perform the job, with or without an accommodation. After Offer of Employment

What are the laws on HIV testing in employment?

The ADA places restrictions on an employer’s ability to test applicants for HIV. An employer may require an applicant to undergo a medical examination only after the applicant has been given a job offer. And, the employer must require everyone who holds that position to undergo testing.

Can a company refuse to hire an employee with HIV?

Under both laws, employers may not refuse to hire and may not terminate a person with a disability unless the individual’s disability truly would prohibit him or her from being able to safely perform the “essential functions” of the job. What are the “essential functions” of a job, and how does the concept protect me as an employee living with HIV?

Who is responsible for protecting employees from HIV?

Employers are responsible for protecting employees from exposure to HIV and other bloodborne pathogens. Employees who are HIV-positive are not required to disclose their condition to employers unless the disease prevents them from completing the duties of the job.