Tested for the AIDS virus?

Question

Assume that one of your employees has recently tested for the AIDS virus. Although he is still capable of performing his duties, another employee has come to you and objected to working closely with him. How would you respond?

Please heLp.. thank you

Answer 1

This is really sad. I thought that people were now well educated enough to deal with the whole aids question.  I would explain to the other employee that it was just a TEST!  Many people get themselves tested for aids for various reasons. It is a long way from a test to having full blown aids! Even then, HIV positive people work. The virus can only be passed on through body fluids. The second employee is ignorant and needs educating. Failing that, he or she needs to find another job. If the truth is to be known, half the place has probably had aids tests!

Answer 2

You need to check with your human resources department to find out what the company policy is on that.

Also, it's important to keep and maintain an individuals privacy. So really.. you need to discuss with your human resources department.  

Answer 3

Unless the person waited a long time before testing (an that does happen) the person would have HIV. If someone was complaining about working with him, it is safe to suggest that others know that the employee id HIV+. If this is the case I would suggest some type of HIV 101 for the entire staff. Peoples fears usually come from lack of knowledge. Educating the entire staff might help.

You also need to look at legal issues, IF the employee did not tell anyone how did others find out? What are others feeling? There are very specific laws about discrimination against HIV+ people, and it is management's job to protect the individual that is HIV+. This is a very difficult issue to deal with, the fears of the unknown, the laws to protect people who are infected, and to keep a business running at the same time. If this is handled properly it could be a great learning experience for everyone involved.

Answer 4

Do I understand you correctly?  Your employee was tested for the HIV  and now another employee doesn't want to work close to him.  Demand that the complaining employee be educated, surely you don't want such ignorant people in your employ/

Also, for your own good educate yourself as to the rules and regulations regarding this situation or you could find yourself facing a lawsuit.

You might inform the complaining employee that you will agree to accept their resignation, effective immediately.

Answer 5

The employee seems to need some education about how HIV is and is not transmitted. I would tell him that HIV is not spread by casual contact or by saliva.  Someone can touch, hug, or even kiss a person who is HIV+, without risk of getting infected themselves.  Also, the fact that the co worker was tested does not mean that he or she tested positive.  Legally, results are confidential, and can not be released to anyone without the written consent of the person being tested.  

IF the employee IS in fact, HIV+, he or she should tell you (as a boss/supervisor) so that you may be prepared to handle a medical emergency  with appropriate precautions if the employee would ever have a bleeding injury.

(Whatever you do, don't transfer the infected person out of their current position, as this may be seen as grounds for legal action (discrimination)).

Answer 6

If your HIV+ employee is capable of performing their duties, then they have a complete right to work.  You can not fire them, and should not re-assign them.   This assumes, of course, that what they are doing won't put anyone at risk for HIV - like most jobs.

If an employee has a problem with that, then they can choose to quit, but you are under no obligation to accomodate their fear.   If they were afraid of women, or Asians, or any other group of people who were not at all a threat to their safety, then you would know EXACTLY how to respond.  You would say "Sorry you feel that way - now get over it."   I would put this into the same category.

In fact, I think that it's probably important that you do NOT accomodate any concerns of the uncomfortable co-worker.  To do so, would be implying that their concern was valid - and might create problems with either your HIV+ employee, or any other coworker that might end up working with them.

I would also, however, consult with my HR department before doing anything at all.  If you are a small business without an HR department, then I would do a whole bunch of legal research.  (And posting a question on Y!A doesn't count as legal research.)   There are all sorts of very specific legal implications here, and you need to make sure that your response is both fair and legal.

Good luck.

Answer 7

first off, unless the tested person announced it...its noone's business.

and it violates HIPAA (google it) to release any medical info to those who dont need to know.

second, unless you guys got bodily fluids flying around the old workspace. noone has anything to worry about.

third, i would send that person to some kind of seminar or workshop. Only because that person is clearly an idiot, if he or she think theyre gonna get aids from being coughed on.

Answer 8

Ok so here's a lesson for you: No one gets tested for AIDS, they get tested for HIV that is the stage before AIDS. Obviously if you have AIDS you get tested for HIV first because THAT'S the virus that leads to AIDS (common sense).

You got to take it one step at a time. The other employees might be protecting themselves because they do not know how else to react. If it's near a lot of sharp objects or where others blood can be on contact, then I may understand. But if it's just because the person tested for the virus and they do not know their results yet, then it's just people being people. Insurance companies worry about having HIV insurance holders because they are at higher rate of getting infections easily.

It's blantly obvious that you can't fire someone because other employees are being ridiculous. It's none of their business and really HIV holders live normal lives just like everyone else. Some are actually healthy and do not even have symptoms that's why it's so hard to tell if they have it or not.

It was just a test. You don't know the results of the test nor is it any of business. He's doing his duties, he's not bothering anyone, let him be. If your employees are as educated as they think they are and still feel the need to say they don't want to work around them, let them leave. They're just ignorant.

Answer 9

Sorry to be a bit pedantic, but AIDS isn't a virus. It's HIV that's the virus, which in turn causes AIDS. Just thought i'd let you know for future reference :)