Workplace privacy: HIV testing, disclosure, and discrimination

Human immunodeficiency virus (HIV) testing and the disclosure of HIV-related information pose questions of privacy and public policy that are of concern in both public- and private-sector workplaces. Public-sector employees have constitutional protection from discrimination on the basis of their HIV-positive status. The Americans with Disabilities Act (ADA) is an important source of protection for private-sector employees. There are also other federal laws that provide protection from discrimination. However, the scope of these laws is unclear. Similarly, while some state legislatures have attempted to set standards to protect the privacy of HIV-positive employees, laws vary from state to state. Case precedent is also inconsistent. This article examines some current issues regarding HIV testing, employee privacy, and protection from discrimination.