Important note: Information in this article was accurate in 1994. The state of the art may have changed since the publication date.
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Miami Herald - Monday, December 5, 1994
Herald Staff
* Americans With Disabilities Act. Intended to protect anyone with a disability from job discrimination, it covers persons infected with HIV (symptomatic or not) and those perceived to have HIV, among others. It requires employers to make reasonable accommodations to enable those individuals to perform their jobs.
This law forbids asking job candidates about medical history or disabilities. Don't, for example, ask "Do you have AIDS?" or "What prescription drugs do you take?"
Except in rare instances, it outlaws requiring an AIDS test as a condition of employment. All employee medical information must be separated from general personnel files -- and kept confidential, with restricted access.
* Family Medical Leave Act of 1993. It's meant to provide employees a reasonable amount of unpaid time off when they or their family members are ill. It may obligate employers to grant time off to employees with HIV or AIDS, or to relatives.
* Occupational Safety and Health Act. It requires employers to take reasonable steps to protect their workers from hazards. An employer that fails to follow guidelines for the prevention of AIDS transmission may be in violation. If a job might expose an employee to blood or other sources of infection, the employer must comply with the OSHA Bloodborne Pathogen Rule.
* Florida Statute 760.50 (3a, 3b and 3c). Enacted in 1988, this law specifically prohibits discrimination because someone has AIDS or HIV.
Source: Steel Hector & Davis
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