For Leaders
- I own a small business and one of my staff/workers disclosed that she is HIV-positive. How can I educate the rest of my staff/workers without violating her confidentiality or singling her out?
Plan and implement a workplace health promotion program featuring a variety of health topics, including HIV/AIDS. For that portion, invite an educator or an organization that specializes in workplace HIV/AIDS education to perform the training (e.g., the local American Red Cross chapter, health department, AIDS service organization, or the National AIDS Fund). You also can get the training and materials to perform the training yourself (e.g., from the National AIDS Fund). Training should be informative but general and should make no reference to any particular worker.
- My staff member/worker informed me that he is living with HIV. Do I have to inform his co-workers?
No. That would be a violation of his rights. The Americans with Disabilities Act (ADA) protects the confidentiality of an employee's medical information.
- I organize and conduct meetings for our regional managers. I would like to have information on HIV/AIDS to present. What do you have?
Informational resources that would be ideal for this situation include:
Additional support materials include:
- Publications available online
- HIV in the Workplace: Are You at Risk? brochure (call BLRS to order)
- When a Co-Worker Is Living with AIDS brochure (call BLRS to order)
You may also call BLRS at 1-877-242-9760 for referrals to other organizations, both national and local, that can be of assistance.
- My construction business tries to follow the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) guidelines, but in some instances they can't be followed in this type of work. For example, when you are working with putty, everyone puts their hands in the putty bucket and sometimes the workers' hands crack and bleed. Is that a risk? OSHA recommends gloves, but who can wear gloves while working with putty? It isn't practical.
The exchange of blood is always a risk if one person is infected with HIV. There is also a risk of transmitting Hepatitis B and C. Wearing gloves can help avoid this and may actually help decrease the risk of workers' hands cracking and bleeding. For further information on OSHA standards and state laws governing workplace safety, contact OSHA at 1-800-321-OSHA (6742) or visit OSHA's Web site.
- I am a manager of a restaurant and one of my chefs disclosed to me that he has HIV. I sent him home and now he is threatening to sue. What should I do?
Contact your legal representation for legal advice on the proper handling of this situation. In addition, you can contact the ADA Disability and Business Technical Assistance Centers at 1-800-949-4232 for information about employment of individuals with disabilities. Remember, staff/workers with HIV and AIDS are covered under the Americans with Disabilities Act (ADA), which protects the confidentiality of a worker's medical information.
The Business and Labor Resource Service provides the Manager's Kit and other educational materials to help you set up a workplace HIV/AIDS policy and to educate your staff/workers and managers.
You also can search the Resources and Services Database for other appropriate agencies and organizations in your area. Call 1-877-242-9760 for assistance.
- I am a supervisor at an electric plant and there is a rumor going around that one of the staff/workers has HIV/AIDS. Other staff/workers are threatening to quit if I don't tell them the truth. Should I confront the worker?
Unless the staff member/worker's HIV status affects his/her present ability to perform the job, he/she is under no legal obligation to disclose his/her status to you as his/her employer.
Because HIV cannot be transmitted through casual workplace contact, unless the staff member/worker is in a profession where it is likely that someone might be exposed to his/her blood, disclosure of his/her HIV status in the workplace is not required.
Your staff/workers could benefit from HIV/AIDS education to help them understand their lack of risk for HIV transmission in the workplace and what their own (and their co-workers') rights and responsibilities are.
Get more information on HIV & AIDS Education for Managers, Supervisors and Labor Leaders.
