Employee with AIDS Loses Award on Appeal

Important note: Information in this article was accurate in 1995. The state of the art may have changed since the publication date.

Employee with AIDS Loses Award on Appeal

Philadelphia Inquirer (12/29/95) P. B1
Lounsberry, Emilie

The U.S. Court of Appeals for the Third Circuit in Philadelphia reversed on Thursday a $125,000 award to a SEPTA manager who said that his right to privacy had been violated when an administrator discovered he had AIDS by examining employee prescription claims. The court ruled that an employer's need for access to employee prescription records under its health-insurance plan is greater than a worker's interest in keeping such information confidential. "Such minimal intrusion, although an impingement on privacy, is insufficient to constitute a constitutional violation," wrote Judge Max Rosenn. Judge Timothy K. Lewis, however, dissented, saying that the appellate court should affirm the verdict and that he was disturbed by the "potential implications" of the majority's decision.

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