9540-R

EMPLOYEES WITH HIV-RELATED ILLNESS REGULATION

If information is received regarding an employees HIV status, the Superintendent of Schools may consult with the school attorney on the appropriate course of action to take under all the circumstances, bearing in mind the district's potential liability for defamation, employment discrimination, breach of the confidentiality requirements of the New York Public Health Law, and other possible causes of action.

Confidentiality

Information obtained pursuant to a Health Department release form or court order is confidential and shall not be released to anyone, except to (1) persons listed on the said form; (2) persons listed on a court order pursuant to Public Health Law §2785; or (3) persons authorized to receive such information without a release or court order under Public Health Law §2782.

AIDS/HIV Testing

No school official shall require any employee to undergo an HIV Antibody test or other AIDS test. However, this policy shall not preclude school officials from ordering an employee to undergo an examination under Education Law §913, when other illness is suspected, as long as no involuntary HIV antibody test or other AIDS test is administered as a part of such examination.

Standards For Avoiding Employment Discrimination

No disciplinary action or other adverse personnel action shall be taken against an employee solely because he/she has AIDS or HIV infection. Action may be taken against an employee only if he/she is disabled and the disability interferes with his/her ability to perform in a reasonable manner the activities involved in the job or occupation.

The district shall make such reasonable accommodation to enable the employee to perform employment duties as may be required by federal or state law.

Adoption date: January 1, 1993
Reviewed on:    February 10, 2004