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HIV Status Disclosure
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There have been rumors regarding the possibility that an employee in one of our facilities could be HIV positive. The employee has made a complaint against a specific co-worker who was discussi
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HIV Status Disclosure
posted at 1/20/2012 10:33 AM EST
on Workforce Management
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Posts: 16
First: 1/20/2012 Last: 5/2/2013 |
There have been rumors regarding the possibility that an employee in one of our facilities could be HIV positive. The employee has made a complaint against a specific co-worker who was discussing the possibility of HIV given the employee's sexual history. The co-worker is being dealth with. |
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Re: HIV Status Disclosure
posted at 1/20/2012 11:26 AM EST
on Workforce Management
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Posts: 221
First: 9/29/2011 Last: 5/2/2013 |
I tend to agree with you. If management must address this, then my recommendation would be to keep it as generic as possible. Something along the lines of "we as a company are concerned about any work place hazards or health risks to our employees. We evaluate and research concerns thoroughly and will act accordingly if any such risks or hazards are present. End of subject" Check with legal counsel, of course. |
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Re: HIV Status Disclosure
posted at 1/20/2012 3:32 PM EST
on Workforce Management
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Posts: 16
First: 1/20/2012 Last: 5/2/2013 |
In Response to Re: HIV Status Disclosure: Hi: I'd be strongly inclined to say nothing at all. Dave Arnold, Ph.D., J.D. Posted by davearnold I agree, but I have no real legal or HR basis to tell the manager that he should make no statement. I would like to back up my advice with some specific reasons, but the best I can articulate now is that they could expose the company to later claims by the subject employee if the parameters of the disclosure are not adequately set or followed (discussion veering of into unanticipated territory) or claims by other employees should they claim they relied on management's statements. I all seems terribly vague and conjectural, hardly persuasive to management who just wants their employees reassured. Why are you strongly inclined against a statement? |
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Re: HIV Status Disclosure
posted at 1/22/2012 7:14 PM EST
on Workforce Management
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Posts: 32
First: 10/25/2011 Last: 8/27/2012 |
In Response to Re: HIV Status Disclosure: Hi: I'd be strongly inclined to say nothing at all. Dave Arnold, Ph.D., J.D. Posted by davearnold I tend to agree. Reasons...all kinds of them lets start with what signed legal releases do you have from this individual? Verbal means it didn't happen. How about another realist...those who don't believe the bill advised announcement and also didn't know anything about it; now they harrass this individual and you have supplied the fuel for that. Or another employee, later has a similar issue and they don't want management saying anything...but somehow the word gets out anyway. Guess who gets blamed. No good can come from this in other words Dave gives sage advice. Saying anything is just not the best way. |
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Re: HIV Status Disclosure
posted at 1/23/2012 7:35 AM EST
on Workforce Management
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Posts: 215
First: 9/20/2011 Last: 5/14/2013 |
In Response to Re: HIV Status Disclosure: In Response to Re: HIV Status Disclosure : I tend to agree. Reasons...all kinds of them lets start with what signed legal releases do you have from this individual? Verbal means it didn't happen. How about another realist...those who don't believe the bill advised announcement and also didn't know anything about it; now they harrass this individual and you have supplied the fuel for that. Or another employee, later has a similar issue and they don't want management saying anything...but somehow the word gets out anyway. Guess who gets blamed. No good can come from this in other words Dave gives sage advice. Saying anything is just not the best way. Posted by HRPro I also agree. Never comment on rumors. What if the person really is (after all you have no hard facts) or will become HIV positive later? Would you comment then? Best to leave this alone as the risks are too high. |
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Re: HIV Status Disclosure
posted at 1/24/2012 12:56 PM EST
on Workforce Management
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Posts: 16
First: 1/20/2012 Last: 5/2/2013 |
Thanks to all for your advice. Another reason not to discuss just occurred to me: What happens if rumors spread about an employee who is HIV positive? You would not be able to step in to deny the rumors. You have already set the precedent that you are willing to disclose status for HIV negative employees. Silence in the face of rumors regarding HIV positive employees will be seen as confirmation of the rumors.
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Re: HIV Status Disclosure
posted at 1/25/2012 3:54 PM EST
on Workforce Management
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Posts: 215
First: 9/20/2011 Last: 5/14/2013 |
In Response to Re: HIV Status Disclosure: Thanks to all for your advice. Another reason not to discuss just occurred to me: What happens if rumors spread about an employee who is HIV positive? You would not be able to step in to deny the rumors . You have already set the precedent that you are willing to disclose status for HIV negative employees. Silence in the face of rumors regarding HIV positive employees will be seen as confirmation of the rumors. Posted by hr* hr*-This is the very reason companies never comment on rumors of any kind..................... |
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Re: HIV Status Disclosure
posted at 1/25/2012 5:05 PM EST
on Workforce Management
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Posts: 1
First: 1/25/2012 Last: 1/25/2012 |
Have you considered simply reminding employees of their rights under HIPAA, and your organization's commitment to privacy? It might be a way of showing support for the employee that focuses attention away from the disease and redirects the emphasis to each person's responsibility to respect the rights of themselves and others. Would others do the same? If not, why not? |
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Re: HIV Status Disclosure
posted at 1/26/2012 7:12 AM EST
on Workforce Management
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Posts: 44
First: 11/7/2011 Last: 5/6/2013 |
In Response to Re: HIV Status Disclosure: Have you considered simply reminding employees of their rights under HIPAA, and your organization's commitment to privacy? It might be a way of showing support for the employee that focuses attention away from the disease and redirects the emphasis to each person's responsibility to respect the rights of themselves and others. Would others do the same? If not, why not? Posted by Elegant HIPAA doesn't cover employees talking to each other about their coworkers' potential medical issues. |
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