Employers must not discriminate on the basis of HIV status, age, race, religion, sex, marital status or family, as well as other criteria.
An employer may show you a job description and ask if you can perform the essential functions of the job (without knowing your HIV status). If you are HIV positive and need special accommodations because of your status, the employer is NOT permitted to decline to hire you on this basis, unless the accommodation causes the employer undue hardship.
Discrimination is illegal
Abilities - not disabilities - are what count
An employer can ask questions to assess your ability to perform the duties of the job and in some cases can require a medical exam after making an offer of employment.
- e.g., are you physically able to lift heavy objects
- an HIV test should not be included
The professional regulatory bodies for some health care workers may require that members of that profession disclose their HIV-positive status in certain circumstances where there is a risk of HIV exposure
- e.g., surgeons, nurses or dentists performing “exposure-prone procedures”