question about physicals for job

[tippytu]

My husband's employer is requiring everyone to take a physical.. I asked my hubby if they have previously drawn blood in his other physicals he said yes...my question is is it routine for them to check for HIV during physicals? He is positive but hasn't had one since being positive.. second question if they do test can they just inform his employer?


 I know it's illegal for them to fire him just for being HIV positive but I'm sure if they find out they will find another reason to fire him

[J.R.E.]

Hi Tippy,

Can I ask you what line of work your husband is in, without getting too personal, or detailed. Is it a physical type of job?


I've never had a company physical done in all the years that I have worked. They may be testing for drug use, they may be checking for cholesterol levels. They also could possibly be testing for diseases.  Depending on his field, a tuberculosis test may be done.

Overall, I would think a company, would require a physical, to make sure that the the employee can perform the job that's required.   That the employee is healthy and not overweight ETC..

Also, if he smokes, that may be held against him in the physical. Most companies these days are not hiring smokers, and more and more places of business are going "smoke Free", and hiring nonsmokers.



Ray

[J.R.E.]

Tippy

Another question,  ..... Does he currently get his health insurance through the workplace, and a group health plan?How many employes are there ?

Ray

[J.R.E.]

http://www.thebody.com/Forums/AIDS/Workplace/Q223632.html?ic=2003


Question:

"I went for a physical for employment for a construction company after I submitted a drug screen test and passed wat was the urine test for the physical? Was it to see if I have aids or stds of some sort so they would know if I was to get hurt or end up bleeding all over the place? "


Answer:

" Very doubtful. In most, if not all, states it is illegal to perform an HIV antibody test on you without your specific consent. It was just a screen for illegal drugs.

Further, as long as the pre-employment exam shows that you are able to do the job, they cannot withdraw the offer of employment that they made before the exam. "

Ray

[J.R.E.]

ADA :

http://www.ada.gov/aids/ada_q&a_aids.htm


Ray

[tippytu]

Yes the job is somewhat physical..this isn't preemployment tho he has worked for them for 10 years. Yes we have health insurance thru them & it is group but the company is a very very large company, but they are required to go overseas & must have a physical before they go.

[mecch]

Is he is going to a country that doesn't allow HIV+ foreigners?

(Just an aside to other members - a US company can NOT hire a smoker, and it's legal?)

[darryaz]

(Just an aside to other members - a US company can NOT hire a smoker, and it's legal?)

Here's an article I found:
http://www.hrmorning.com/ban-hiring-smokers/

Probably the point that best answers your question is the statement "there’s no federal law that protects smokers".

[buginme2]

(Just an aside to other members - a US company can NOT hire a smoker, and it's legal?)

I have a friend that works for Alaska airlines and they are a smoke free company and won't hire you if you smoke (and they do a test pre employment to check).  I went to their website and pulled this from the FAQ section.


Yes, Alaska Airlines is a smoke free company. In order to be considered for a position, a candidate must be nicotine free for at least 6 months from the day they interview for a position. In a few states, employers are restricted from asking questions regarding nicotine use. In such states, Alaska does not consider nicotine use in determining employment eligibility.

[tippytu]

My husband doesn't smoke...the question was if they will test for hiv during physical for job

[mecch]

it is testing before going oversas to work? What country?

[tednlou2]

My partner has to do a physical every year, for his volunteer firefighter position.  They do CBC, lipids, and all that good stuff.  They do not do any STI tests.  You would have to give your expressed, written permission for an HIV test.  I honestly can't think of any job, where that knowledge would even be necessary. 

[tippytu]

He's going to africa

[mecch]

He's going to africa

Big continent.
There are restrictions on foreigners with HIV in some North African countries.  I asked not to invade your privacy, just to point out that if the company sends workers to countries with HIV restrictions, that might be a reason they might test for HIV. 
Maybe you can ask an ASO in your State, what the restrictions are on such possible testing on employees in your state.