Policy 4232.1 – Employee Human Immunodeficiency Virus (HIV) Infection

Employees identified with positive human immunodeficiency virus (HIV) will continue to be employed by the 51³Ô¹Ï and eligible for all rights, privileges and services provided by law and 51³Ô¹Ï policies.

An employee with HIV infection will be allowed to work in his/her regular work setting. If necessary, reasonable accommodations will be made for the employee unless such accommodations would impose an undue hardship to the 51³Ô¹Ï.

While recognizing that vomit, urine and saliva are not generally considered sources of bloodborne pathogens, all body fluids of employees will be considered potentially infectious. Proper precautions will be taken by all 51³Ô¹Ï employees when coming in contact with such body fluids in accordance with the 51³Ô¹Ï’s exposure control plan.

An employee infected with HIV is not required to disclose this information to the 51³Ô¹Ï. Should an employee decide to disclose his/her positive HIV status, the employee should contact the school nurse who will then discuss with the employee his/her rights and privileges.

Information concerning an employee’s HIV status shall remain confidential as required by law.

LEGAL REF.:

  • Wisconsin Statutes
    • Sections 103.15 (Restrictions on use of test for HIV or antibodies to HIV)
    • 111.31 (Fair employment standards; nondiscrimination)
    • 252.12 (Restrictions on use of HIV test)
  • ILHR 32, Wisconsin Administrative Code (Bloodborne pathogens plan requirements
  • 29CFR, Part 1910 – Subpart Z (Bloodborne pathogens plan requirements)
  • Americans with Disabilities Act of 1990 (Disability discrimination)

CROSS REF.:

  • 4110 Equal Opportunity and Affirmative Action
  • 4231 Staff Physical Examinations
  • 4260 Personnel Records
  • 51³Ô¹Ï Exposure Control Plan
  • Current Employee Agreements

ADMINISTRATIVE REGULATIONS: None

AFFIRMED: April 22, 1991

EVISED: June 27, 2000