When can an employer inquire into an applicants or employees HIV status?
An employer may not ask or require a job applicant to take a medical examination before making a job offer. It cannot make any pre-offer inquiry about a disability or the nature or severity of a disability. An employer may, however, ask questions about the ability to perform specific job functions. Thus, for example, the owner of an outdoor cafe could not ask an individual with KS lesions who was applying for the position of a waiter whether the applicant had AIDS. The owner could, however, ask the applicant whether he can be in the sun for extended periods of time. An employer may condition a job offer on the satisfactory result of a post-offer medical examination or medical inquiry if this is required of all entering employees in the same job category. However, if an individual is not hired because a post-offer medical examination or inquiry reveals a disability, the reason(s) for not hiring must be job-related and consistent with business necessity. HIV-positive status alone, withou
An employer may not ask or require a job applicant to take a medical examination before making a job offer. It cannot make any pre-offer inquiry about a disability or the nature or severity of a disability. An employer may, however, ask questions about the ability to perform specific job functions. Thus, for example, the owner of an outdoor cafe could not ask an individual with KS lesions who was applying for the position of a waiter whether the applicant had AIDS. The owner could, however, ask the applicant whether he can be in the sun for extended periods of time. An employer may condition a job offer on the satisfactory result of a post-offer medical examination or medical inquiry if this is required of all entering employees in the same job category. However, if an individual is not hired because a post-offer medical examination or inquiry reveals a disability, the reason(s) for not hiring must be job-related and consistent with business necessity. HIV-positive status alone, withou
