Why is HIV/AIDS a business issue?

According to the CDC (Center for Disease Control) and other sources:

• In the United States, HIV/AIDS has become the second leading killer of adults in their prime working years.
• There are nearly one million people in the U. S. with HIV or AIDS.
• Health officials estimate over 40,000 new infections of HIV last year and expect the same in the next.
• One in 10 small businesses has employees with HIV infection or AIDS.
• Two-thirds of large businesses have employees with HIV infection or AIDS.

According to Society for Human Resource Management, a number of high profile companies are playing a leading role in HIV/AIDS education: “Bank of America, Digital Equipment Corporation, Eastman Kodak Company, Levi Strauss & Co. and Hewlett Packard, are engaging in AIDS awareness efforts and are training managers to deal appropriately and compassionately when an employee is affected by AIDS.”

What can businesses do to be prepared?

HIV/AIDS workplace education can reduce lost productivity, insurance costs (by preventing new infections) and reduce the likelihood of discrimination and lawsuits. It is important for employers to know the facts:

• HIV/AIDS is not transmitted through any kind of casual contact.
• HIV/AIDS is entirely preventable.
• Education is the best means of prevention and resolving or preventing workplace issues before they arise.

A business owner or employer might have employees with HIV/AIDS or employees who have family members or friends with HIV/AIDS. Employees may ask questions about HIV/AIDS or the company’s policies regarding people with disabilities. To be prepared, employers should educate themselves and conduct educational trainings for management and staff.

Can an employer request information about an employee’s medical condition?

Both federal law (Americans with Disabilities Act) and California state law (Fair Employment & Housing Act) provide regulations regarding disclosure of a disability. Here are the key points:

• Employers cannot ask questions about a job applicant’s disability, or require a medical exam before a job offer is made.
  
  
• After a job offer is made, employers can ask questions about a person’s disability, as long as the same questions and exams are required for all applicants for the same position. Information must be kept confidential, and if a person is screened out because of a disability, the employer must show the inquiry was job-related and consistent with business necessity.
  
  
• After a job offer is made, employers can require a medical exam, as long as the purpose of exam is to demonstrate whether a person can perform the job safely. If a person is disqualified based on exam, applicant can submit an independent medical opinion.