AIDS Policy

Workplace AIDS Policy
As an employer, you face the very real possibility that, at some time or another, you will
hire an employee who has, or will contract, HIV or AIDS. Dealing with the situation
poses a number of legal, moral, ethical, and business challenges.
One starting point in dealing with this workplace safety issue is a written policy.
The Workplace AIDS Policy contains a sample policy that is designed to address the issue
of HIV and AIDS in the workplace and that can be quickly edited and customized for
your company. Keep in mind that there are advantages and disadvantages to having a
policy and that it is up to you to decide what is best for your business.
The file contains a three-page document in rich text format (RTF) that is suitable for use
with most word processing programs used in the Windows environment.
Special Features:
The sample policy includes sections on the following:

 Definition of HIV
 Purposes of the policy, including protecting legal rights of workers with HIV-related conditions
 Policy provisions, including right to work and education about HIV
 Medical overview of risk, transmission, etc.
 Guidelines to be followed in protecting the physical and emotional health and well-being of all employees
and providing reasonable accommodation for employees with HIV-related conditions
Sample Company Policy on AIDS
Introduction
The following outlines [your company’s name]’s policy and procedures for interacting with
employees who have been medically diagnosed with or who are suspected of having the AIDS
(Acquired Immune Deficiency Syndrome) virus.
Purpose
The purpose of the AIDS policy is to reassure employees that AIDS is not spread through
casual contact during normal work practices and to reduce unrealistic fears about contracting an
AIDS virus-related condition. This policy also protects the legal right to work of employees who
are diagnosed with an AIDS virus-related condition and provides guidelines for situations where
infection with the AIDS virus is suspected. Our policy is to encourage sensitivity to and
understanding for employees affected with a condition of the AIDS virus.
General policy
We are committed to maintaining a healthy work environment by protecting the physical and
emotional health and well-being of all employees in the workplace. We also have a continuing
commitment to provide employment for people with physical disabilities who are able to work.
This AIDS policy is a direct outgrowth of those commitments. It provides guidelines for
situations when a question as to an AIDS virus-related condition arises. There are three major
points:
 Employees who are diagnosed with an AIDS virus-related condition may continue to
work if they are deemed medically able to work and can meet acceptable
performance standards. We will provide reasonable performance standards and
reasonable accommodation if necessary to enable these employees to continue
working.
 We provide AIDS education for all employees to help them understand how the AIDS
virus is spread and to reduce unrealistic fears of contracting an AIDS virus-related
condition.
 The term “AIDS virus-related conditions” refers to the following four medically
diagnosed conditions:
1. presence of the AIDS antibody without symptoms of AIDS
2. presence of an AIDS-Related Complex (ARC)
3. AIDS
4. central nervous system infection
Medical overview
Medical experts on AIDS virus-related conditions have informed us that there is no known risk of
AIDS transmission between an affected employee and other employees through either casual or
close contact that occurs during normal work activities.
An AIDS virus-related condition is not transmitted by breathing the same air, using the same
lavatories, touching a common piece of paper, or using the same telephone. Transmission of
the virus through oral secretions or tears is not a recognized risk according to medical
authorities. Additionally, the virus is very fragile and has been found to be transmitted only
through intimate exchange of bodily fluids (for example, blood or blood-contaminated tissue
fluids such as semen or vaginal fluid).
The AIDS virus attacks the immune system, causing a breakdown in a person’s normal
protection against infection. This leaves the body vulnerable to life-threatening illnesses. In
addition, the virus by itself can affect the nervous system.
Individuals of all sexual preferences are at risk of contracting an AIDS virus-related condition.
According to medical experts, the AIDS virus is transmitted in the following ways: sexual contact
through transmission of semen or vaginal fluids; intravenous drug administration with
contaminated needles; administration of contaminated blood or blood products; and passage of
the virus from infected mothers to their fetus or newborn. However, there is no evidence to
suggest that pregnant women are particularly susceptible to any AIDS virus-related illness or
condition. Recent medical evidence suggests that an AIDS virus-related condition can have an
incubation period of several weeks, months or years before symptoms appear. Medical findings
indicate that a person who has a positive antibody test will not necessarily develop an AIDS
virus-related condition. The presence of the AIDS antibody is a sign of infection, not immunity,
unfortunately.
As is true for any person with a life-threatening illness, a person diagnosed with an AIDS virus-
related condition deserves and requires compassion and understanding. While that person is
attempting to cope with his or her own vulnerability and fears, the support and understanding of
friends and colleagues can be particularly valuable.
Some people have fears about contracting AIDS based on misinformation or lack of knowledge
about how AIDS is spread. Education providing accurate medical information can best alleviate
fears of contracting an AIDS condition.
Supervisor’s responsibilities
The physical and emotional health and well-being of all employees must be protected, and
reasonable accommodation for the medically impaired employee with an AIDS virus-related
condition must be provided, as long as the employee is able to meet acceptable performance
standards. To ensure these goals are met, the following guidelines are to be followed:
 Any employee diagnosed with an AIDS condition is entitled, as is any other
employee, to confidentiality of their medical condition and medical records.
 If an employee with an AIDS condition requests job accommodation for his/her
medical condition, the employee must obtain a written medical opinion that he/she
(a) is medically able to work and (b) needs reasonable job accommodation in order
to maintain employment.
 If it is deemed medically necessary, based upon current physical impairment,
[Company name] and the employee’s supervisor will work to bring about any
reasonable job modification or job transfer of the employee with a diagnosed
condition of AIDS.
 If a healthy employee refuses to work with an employee who is diagnosed with an
AIDS condition and is medically approved as able to work, job transfer or other work
accommodation for the healthy employee will only occur when medically indicated by
written order of his/her physician. The medical order must be a signed medical
statement requesting this job change. In the absence of a medical order, normal
transfer procedures will be followed.


AIDS Policy

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Workplace AIDS Policy

The sample policy includes sections on the following:

 Policy provisions, including right to work and education about HIV

 Medical overview of risk, transmission, etc.

Sample Company Policy on AIDS

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