208 HIV/AIDS in Employment
Original Approval Date: December 21, 1994
Revision Effective: June 17, 2009
Supersedes: #307
Reviewed: November 15, 2017
In accordance with Section 504 of the Rehabilitation Act of 1973 which prohibits discrimination based on Human Immunodeficiency Virus (HIV) or related conditions, the Tri-County Board of Recovery and Mental Health Services recognizes that employees with Acquired Immunodeficiency Syndrome (AIDS) may wish to continue to engage in as many pursuits as their condition allows, including work. As long as these employees are able to meet acceptable work performance standards, the Tri-County Board will be sensitive to their conditions and ensure that they are treated consistently with other employees. At the same time, the Tri-County Board of Recovery and Mental Health Services has an obligation to provide a safe work environment for all employees.
The Tri-County Board of Recovery and Mental Health Services shall require its contract agencies to adopt similar policies.
DEFINITIONS:
HIV Infection. This is a pathological state produced by a human body in response to the presence of HIV, but not necessarily evidenced by the presence of related symptoms.
AIDS. This disease complex occurs when an important part of the human immune system is destroyed by the action of a virus known as HIV. Signs and symptoms of this disease complex are manifested in the afflicted person by a series of opportunistic infections or malignant illnesses.
Chronic Symptoms. This is currently comprised of all disease states associated with HIV that are not state 2 (asytomatic) or stage (AIDS). It has been referred to as persistent generalized lymphadenopathy, AIDS-related complex, and the transition state. It is characterized by the presence of chronic symptoms that do not resolve, are troublesome but not life-threatening, but may evolve into fatal forms which would then permit an end-state, or AIDS, diagnosis.
PROCEDURES:
The Tri-County Board of Recovery and Mental Health Services and its contract agencies shall not:
1. Fail or refuse to hire, or discharge any person, or otherwise discriminate against any person with respect to compensation, terms, condition, benefits or privileges of employment on the basis of the fact that such person has the medical condition HIV, AIDS or Chronic Symptoms.
2. Limit, segregate or classify employees or applicants for employment in any manner which would deprive or tend to deprive any person of employment opportunities or adversely affect his or her employment status on the basis of the fact that such person has the medical condition HIV, AIDS or Chronic Symptoms.
3. Fail or refuse to refer for employment any person or otherwise discriminate against any person on the basis of the fact that such person has the medical condition HIV, AIDS or Chronic Symptoms.
4. Discriminate against any person for admission to or employment in any program established to provide apprenticeship or other training or retraining, including any on-the-job training program, on the basis of the fact that such person has the medical condition HIV, AIDS or Chronic Symptoms.
5. Require any employee, prospective employee, or applicant for employment to take any test or undergo any medical procedure designed to show or help show that a person has or many have HIV, AIDS or Chronic Symptoms.
6. Fail to make a reasonable attempt to transfer employees with HIV, AIDS or Chronic Symptoms who request a transfer and are experiencing undue emotional stress.
7. Allow or encourage either the supervisory or peer staff to place undue stress or pressure on any employee suspected or known to have HIV, AIDS or Chronic Symptoms to seek a transfer.
The Tri-County Board of Recovery and Mental Health Services shall:
1. Be sensitive and responsive to co-workers' concerns and emphasize training and employee education about HIV/AIDS.
2. Take precautions to keep confidential all information regarding an employee's health condition.
3. Make reasonable accommodation for employees with HIV, AIDS or Chronic Symptoms as with any other condition, physical or mental, consistent with the business needs of the Board.
4. Make no special consideration for employees who feel threatened by a co-worker's HIV, AIDS or Chronic Symptoms.
5. Be sensitive to the fact that continued employment for an employee with HIV, AIDS or Chronic Symptoms may sometimes be therapeutically important in the remission or recovery process, or may help to prolong that employee's life.
6. Encourage employees where needed to seek assistance from established support groups for medical treatment and counseling services.
7. Make available knowledge about disability insurance, the continuance of health insurance and other programs available to those who have serious medical conditions so that the employee may be able to plan for the future.
8. Be aware that persons testing positive for HIV or suffering the effects of the virus or related conditions who feel they have been discriminated against on the basis of handicap may file an E.E.O. complaint.
Revision Effective: June 17, 2009
Supersedes: #307
Reviewed: November 15, 2017
In accordance with Section 504 of the Rehabilitation Act of 1973 which prohibits discrimination based on Human Immunodeficiency Virus (HIV) or related conditions, the Tri-County Board of Recovery and Mental Health Services recognizes that employees with Acquired Immunodeficiency Syndrome (AIDS) may wish to continue to engage in as many pursuits as their condition allows, including work. As long as these employees are able to meet acceptable work performance standards, the Tri-County Board will be sensitive to their conditions and ensure that they are treated consistently with other employees. At the same time, the Tri-County Board of Recovery and Mental Health Services has an obligation to provide a safe work environment for all employees.
The Tri-County Board of Recovery and Mental Health Services shall require its contract agencies to adopt similar policies.
DEFINITIONS:
HIV Infection. This is a pathological state produced by a human body in response to the presence of HIV, but not necessarily evidenced by the presence of related symptoms.
AIDS. This disease complex occurs when an important part of the human immune system is destroyed by the action of a virus known as HIV. Signs and symptoms of this disease complex are manifested in the afflicted person by a series of opportunistic infections or malignant illnesses.
Chronic Symptoms. This is currently comprised of all disease states associated with HIV that are not state 2 (asytomatic) or stage (AIDS). It has been referred to as persistent generalized lymphadenopathy, AIDS-related complex, and the transition state. It is characterized by the presence of chronic symptoms that do not resolve, are troublesome but not life-threatening, but may evolve into fatal forms which would then permit an end-state, or AIDS, diagnosis.
PROCEDURES:
The Tri-County Board of Recovery and Mental Health Services and its contract agencies shall not:
1. Fail or refuse to hire, or discharge any person, or otherwise discriminate against any person with respect to compensation, terms, condition, benefits or privileges of employment on the basis of the fact that such person has the medical condition HIV, AIDS or Chronic Symptoms.
2. Limit, segregate or classify employees or applicants for employment in any manner which would deprive or tend to deprive any person of employment opportunities or adversely affect his or her employment status on the basis of the fact that such person has the medical condition HIV, AIDS or Chronic Symptoms.
3. Fail or refuse to refer for employment any person or otherwise discriminate against any person on the basis of the fact that such person has the medical condition HIV, AIDS or Chronic Symptoms.
4. Discriminate against any person for admission to or employment in any program established to provide apprenticeship or other training or retraining, including any on-the-job training program, on the basis of the fact that such person has the medical condition HIV, AIDS or Chronic Symptoms.
5. Require any employee, prospective employee, or applicant for employment to take any test or undergo any medical procedure designed to show or help show that a person has or many have HIV, AIDS or Chronic Symptoms.
6. Fail to make a reasonable attempt to transfer employees with HIV, AIDS or Chronic Symptoms who request a transfer and are experiencing undue emotional stress.
7. Allow or encourage either the supervisory or peer staff to place undue stress or pressure on any employee suspected or known to have HIV, AIDS or Chronic Symptoms to seek a transfer.
The Tri-County Board of Recovery and Mental Health Services shall:
1. Be sensitive and responsive to co-workers' concerns and emphasize training and employee education about HIV/AIDS.
2. Take precautions to keep confidential all information regarding an employee's health condition.
3. Make reasonable accommodation for employees with HIV, AIDS or Chronic Symptoms as with any other condition, physical or mental, consistent with the business needs of the Board.
4. Make no special consideration for employees who feel threatened by a co-worker's HIV, AIDS or Chronic Symptoms.
5. Be sensitive to the fact that continued employment for an employee with HIV, AIDS or Chronic Symptoms may sometimes be therapeutically important in the remission or recovery process, or may help to prolong that employee's life.
6. Encourage employees where needed to seek assistance from established support groups for medical treatment and counseling services.
7. Make available knowledge about disability insurance, the continuance of health insurance and other programs available to those who have serious medical conditions so that the employee may be able to plan for the future.
8. Be aware that persons testing positive for HIV or suffering the effects of the virus or related conditions who feel they have been discriminated against on the basis of handicap may file an E.E.O. complaint.
