California Company Policy on AIDS

State:
Multi-State
Control #:
US-248EM
Format:
Word; 
Rich Text
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Description

This form provides a detailed explanation concerning a company\'s policy as it pertains to employees with AIDS.
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FAQ

There is no legal requirement that you disclose your HiV status before undergoing any type of medical examination or treatment. However, it may be wise to disclose since HiV medications may interact with other medications; or the progression or treatment of other conditions may be affected by HiV infection.

Spreading HIV Is Against the Law in 37 States With Penalties Ranging Up To Life in Prison. The majority of U.S. states still have laws on the books that criminalize exposing other people to HIV, despite the fact that HIV is now a treatable medical condition.

1. California Governor Jerry Brown signed into law Senate Bill (SB) 239, which reduces penalties for knowingly exposing a sexual partner to HIV. Under current California law, it is felony offense punishable by 3 to 8 years in prison.

You have no legal obligation to tell your employer you have HIV or AIDS. If you do tell your employer, you may be discriminated against. Under the Americans with Disabilities Act and other laws, people with HIV or AIDS may be termed disabled and entitled to get reasonable accommodation at work.

Generally, disclosure of HIV test results is not permitted without the written consent of the person. This is the rule in the context of public health, health care, medical records and research- related records.

Penal Code 120290 is California's law on willful exposure to an infectious disease. PC 120290 makes it a misdemeanor to have unprotected sex without telling a partner of an STD but only if the intention is to infect the other person.

Generally, disclosure of HIV test results is not permitted without the written consent of the person. This is the rule in the context of public health, health care, medical records and research- related records.

Transmitting an STD can be a crime in California. It is prohibited by California Health and Safety Code 120290. People who know they are infected with an STD can be liable if they intentionally infect someone else. They can also be held liable if they got a third party to transmit their STD to someone else.

With proper care and treatment, many people living with HIV lead normal, healthy lives, including having a job. Most people living with HIV can continue working at their current jobs or look for a new job in their chosen field.

You have no legal obligation to tell your employer you have HIV or AIDS. If you do tell your employer, you may be discriminated against. Under the Americans with Disabilities Act and other laws, people with HIV or AIDS may be termed disabled and entitled to get reasonable accommodation at work.

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California Company Policy on AIDS