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There is no right
answer about whether to disclose or
not to disclose your HIV status at work.
In keeping silent about your HIV status, you may lessen the risk
of confronting discrimination, harassment, ignorance, and
rejection by co-workers, but you would not be protected under
anti-discrimination laws.
If you disclose, you might feel a greater sense of freedom,
support, and understanding from your co-workers and
anti-discrimination laws would protect you. In making your
decision, keep in mind that all employees who have a need to
know about your HIV status or other medical information are
required by law to keep that information confidential.
Discussing
the issue of disclosure with trusted friends, family members or
a case manager could help you evaluate your situation and choose
what is best for you.
Questions
to ask before deciding to disclose:
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If
you choose to disclose:
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Decide
whom you will tell, think about how he
or she might respond, and how likely he
or she is to keep the information
confidential
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Before
you speak with your employer, prepare
what you want to say, anticipate
different reactions and how you would
like to respond
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Document
everything in writing and keep copies of
all correspondence and performance
evaluations
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Keep
an ongoing journal of how the person(s)
that you disclose to responds
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Request
in writing that your employer keep all
information confidential and that he or
she agree on which employees have a need
to know
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Get
at least one successful performance
evaluation in writing, so that you have
documentation that there were no work-related
problems |
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"Disclose or Not to Disclose"
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If
you choose not to disclose:
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Insurance
Coverage---If
you need more information about what
your employer-provided health insurance
covers with respect to HIV disease you
can contact the insurance provider
directly and ask questions anonymously.
You do not need to give your name, only
the group insurance plan number, which
identifies you as an employee of the
company.
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Reasonable
Accommodation---If
the symptoms of HIV disease limit your
performance of essential job functions,
you can ask your doctor for a letter to
give your employer that describes your
functional limitations. For example,
Miguel cannot lift more than ten pounds
or Ana cannot work overtime because of a
physical impairment. This may be enough
for your employer to grant you
reasonable accommodation without needing
to disclose your HIV status. If it is
not, the employer has a right to demand
the diagnosis but then is legally
obligated to keep your diagnosis
confidential.
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Leave
of Absence---Most
insurance companies require a diagnosis
for employees to qualify for short-term
or long-term disability leave. If
symptoms of HIV disease cause you to
take a leave of absence, you may not
need to share the diagnosis with your
employer. Ask your doctor to contact
your employer's disability insurance
company directly and include a written
request that the diagnosis not be
disclosed to the employer. |
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"Disclose or Not to Disclose"
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For
more information,
get a copy of "What About My Rights?
Guidelines for Employers and
Employees Living with HIV/AIDS,"
written by Nancy L. Breuer,
published by:
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The
National AIDS Fund
1400 I Street NW, Suite 1220
Washington, DC, 20005-2208
Phone: (202) 408-4848
http://www.aidsfund.org
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