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Smart managers know the laws regarding HIV and AIDS in the workplace. In 1988 alone, 92,458 discrimination cases were filed based on HIV status; 37 percent were related to employment issues. (Those figures come from R. West and A. Durity in "Does My Company Need To Worry About AIDS?" which appeared in the April 1991 issue of Personnel.)
Liability. Firms may be liable in a variety of areas, including issues of confidentiality, testing, and emotional distress.
In Doe v. Borough of Barrington, the court ruled that medical information relating to AIDS is personal, and that such records must remain confidential in order to protect an employee's constitutional right to privacy. (Under certain, unusual circumstances, the government can override an employee's right to privacy by showing a compelling interest that justifies disclosure of personal information.)
In most cases, testing for HIV is also …