Can I hide my “undetectable” status in a new HIV test?

[Flowerpower]

Dear all,

I am facing a significant career problem over here.

My current employer has decided that all staff workers must undergo a mandatory medical examination which, among many things, also includes HIV testing.

Having HIV is reason for not extending future employment (the current legal framework allows them to do this). Old fashioned 1980’ stigma style yes, but that’s where we are and obviously nothing that you wish to argue about in the staff meetings :-/

I’m perfectly capable to do my job and ‘Im noted as “undetectable” since over a year ago when I started to take my meds, and I never had a sick day with my current employer hence I can’t see that I would impose a danger to anyone in my work. But this is on the list for possible termination.

My question is; what does “undetectable” actually mean?

Is it possible for me to take a new, modern HIV test during this medical examination and happily be quiet about my health situation and hope that the doctors will identify me as negative? I get mixed messages about this when trying to study available online sources.

In the end of the day, this is pretty much about trying to keep my job, which I really want, so any advices and input on the matter is much welcomed. Thank you.

[Jim Allen]

Hi

I would presume they would test with an antibodies test and you would always have antibodies in your system no matter how low your viral load.

I'm not sure were you are from or based but have you spoken/checked with your local ASO regarding this and employment advice? HIV status in some nations is protected status under different employment or discrimination acts 

EDIT - (Okay I just peeked at your location, tough one, will not mention it here.
Still have you checked to make sure with any HIV org in your nation? )

Jim

[Flowerpower]

Thanks for commenting Jim. Have followed your input here for some time and I'm glad for you caring and sharing.

Yes, my location is somewhat tricky and it is not impossible to involve any other organisation as it would expose myself quickly and again, given the location and the cultural context, I am quite sure it would not help. I have no idea on how to get around this trap. I'm ready to travel any place in the world with the poorest, inaccurate testing just to "get away" with a "negative" :-)

Honestly, I think that I must consider to change employer. This is a though case...:-/

[AusShep]

...

Honestly, I think that I must consider to change employer. This is a though case...:-/

You won't be able to hide your status.  If your current employer is going to fire you, disclose your status, or make life difficult for you, best to leave now.

If you're willing to disclose your Country, someone will probably be able to give you options.

[Jim Allen]

Hi OP.

To be honest given I know and understand somewhat the situation in your nation perhaps changing job would be simplist  and safest for you as difficult as that maybe in itself.

Getting fired for being HIV positive and correctly or incorrect associated with minorities who are being unfairly treated and prosecuted in some cases might not be a good idea.

I'm not one to back down from a fight myself but I live in a nation with guarantees, safety and peace it's a luxury I recognize you don't have in the current climate however I do hope that changes for you and your country men in the future.

Take it easy.

Jim
 

[Flowerpower]

Dear Jim and AusShep,

Thank you for your considerate replies and advices, which I don't don't really oppose. Things are like they are and I have tried to find peace in where things are pointing for the time being hence finding a new job is probably most advisable at this point. Why take a fight you can't win?

Only second way out is to find a doctor who can fix a fake health certificate out of pure sympathy (or bribe, which is one of the few cultural benefits with the context 'I'm living  ) although rest assure, I have too much pride to try the second, illegal option. I guess it's better to walk away and not look back :-)

So, time to refresh that old CV again I guess...

Thanks for listening and for your input.

[harleymc]

This testing is going to affect a lot more people than just you.

Do you have a trade union that can represent the workers against management?
Even if you don't have a union workers can organise to oppose the testing. I was in a ununionised workplace that stopped blood testing before it started.

Just because your employer tests for HIV does not necessarily mean that a positive test will affect your employment with them.

The testing is some junior or middle manager's 'great idea', you can bet that that person has no idea about HIV and its management.
 It may be enough that you have an excellent employment record and a letter from your doctor explaining that you are on treatment and have good health to dissuade upper management from getting rid of a valued worker.

[shizukav2]

Once at 'undetectable' - a standard hiv test will still be positive, due to the antibodies in your system which is what the 'quick' test detects, and not the virus itself.

This shouldn't affect your employment status in any reasonable part of the world - which includes pretty much everywhere except the bigoted Middle East, which is where i'd suspect your problem lies.

If your company is American ( and no doubt even if you're on some supposedly expat contract through Quatemala or some other offshore nonsense...) then you should read this link
https://www.eeoc.gov/facts/ada18.html

The only other option is to arrange someone else to do the blood test for you (!)...

[Jim Allen]

Dear Jim and AusShep,

Thank you for your considerate replies and advices, which I don't don't really oppose. Things are like they are and I have tried to find peace in where things are pointing for the time being hence finding a new job is probably most advisable at this point. Why take a fight you can't win?

Only second way out is to find a doctor who can fix a fake health certificate out of pure sympathy (or bribe, which is one of the few cultural benefits with the context 'I'm living  ) although rest assure, I have too much pride to try the second, illegal option. I guess it's better to walk away and not look back :-)

So, time to refresh that old CV again I guess...

Thanks for listening and for your input.

Fraud is not the way to go. Yes I have no doubt a bribe would work in the current climate, however on that same front there is a risk of getting caught and that really would not work out well for you.

Now from the top of my head I know of no laws to protect you and after checking to brush up, I found that quite the opposite is true at the moment. If you do want legal advice speak to a local lawyer of course as I am not a solicitor.

Also I did check and indeed foreign support agency's would not be much help either given the nations and governments current views and treatment of foreign ASO's.

I wish you all the best but without disclosing your location here there is not much more I can add.  Whatever you decide to do I wish you well and if you do go for a new job than I wish you well in the job hunting.

Jim

[mecch]

Rotten governments. When is the world going to progress?

I was thinking about this yesterday.  I was noticing that Geneva is particularly teeming this summer with the .1%ers from Africa and the Middle East. All the benefits of our beautiful, calm, clean, safe, luxurious Swiss summer while people suffer in their countries.

I wish you a good solution and promising next stage in your career.

[terrymoore]

I disagree with JimDublin this time. I would NOT find a new job yet. I would do the following first:
1. Find a reasonable/humane/compassionate doctor first. Perhaps one that deals with HIV patients.
It is easy for them to close a blind eye and either "forget" to do the HIV test or accidentally make a mistake. In some countries these are easy to find.

2. What i would try first - sometimes there is a disconnect between the labs and the doctors ordering the tests. In the private hospital that i go to in Bangkok, when the doc orders tests, the lab always goes over the list before actually registering the tests into the computer. If there is something i do not want (for example, HIV) i would say "NO HIV" and they will leave it out. This is the case because i pay for each test and there are cases where people refuse to pay for tests they did not want. So the lab makes sure the patient actual agrees with the "order".
When the doctor gets the results, he will most probably overlook the fact that the HIV test was skipped. If he does notice, see option 1.
Only if this fails, then i would consider finding a new job.