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Developing Your Policy
What Is an HIV/AIDS Policy?
An HIV/AIDS policy—whether as a stand-alone policy or as part of a larger policy addressing non-discrimination or life-threatening illnesses—defines your company's position and practices as they relate to staff/workers with HIV infection. Developing a workplace policy on HIV/AIDS can help de-stigmatize HIV/AIDS among staff/workers and create an environment where staff/workers feel comfortable seeking more information on the disease.
A company's HIV/AIDS policy should:
- Form the foundation for its entire HIV/AIDS program
- Be the standard for communication about HIV/AIDS
- Set the standard of behavior expected of all staff/workers
- Let all staff/workers know where to go for assistance
- Instruct supervisors on how to address HIV/AIDS
- Establish compliance with all Federal, state, and local laws
What Laws Impact HIV/AIDS Policy?
Key laws include:
- The Federal Vocational Rehabilitation Act of 1978, which prohibits employment discrimination against an "otherwise qualified individual with handicaps."
- The Americans with Disabilities Act of 1990 (ADA), which prohibits discrimination in employment on the basis of a person's disability, and which requires employers to make "reasonable accommodations" for qualified individuals with disabilities.
- The Family Medical Leave Act of 1993 (FMLA), which applies to companies with 50 or more staff/workers within a 75-mile geographic radius. Eligible staff/workers may take leave for serious health conditions or to provide care for an immediate family member with a serious health condition—including HIV/AIDS.
- The Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), which allows staff/workers to continue their health insurance coverage at their own expense for a period of time after their employment ends.
- The Health Insurance Portability and Accountability Act of 1996 (HIPAA), which attempts to address some of the barriers to healthcare facing people with HIV as well as other vulnerable populations.
For more information on legal issues, go to the HIV & The Law section.
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