Question

Bob’s wife is HIV-positive due to a blood transfusion during an appendectomy 15 years ago. She is not yet sick, but takes medication to prevent the onset of AIDS. Bob occasionally needs to take time off from work to take her for testing at Johns Hopkins in Baltimore. Because of complaints about Bob’s exposure to this disease, employees have asked HR to limit his contact with them and with customers. The bank has asked Bob not to eat in the lunchroom with the other employees and has placed Bob in a position where he has limited customer contact. Does this company have any potential ADA liability?

Accepted Answer

Yes. Because the manager has regarded Bob as having a disability, he has been “regarded as” disabled and the ADA applies

Answer

No. Bob’s exposure to HIV could endanger other employees and customers

Answer

No. Because the hiring manager does not know that Bob actually has HIV or AIDS, there is no liability

Answer

Yes. Because the manager has associated Bob with this disease, the “associated with” rule applies

Bob’s wife is HIV-positive due to a blood transfusion during an appendectomy 15 years ago. She is not yet sick, but takes medication to prevent the…

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