Testing for my job is done in house with no lab to keep my medical information private. I was instructed to disclose the HIV meds I take to a prospective employer instead of receiving a letter explaining that I may show up false positive for a condition that will not effect my ability to do my job. I offered to submit to more advanced testing methods in exchange for receipt of this letter. I know that it is illegal to discriminate based on my HIV status, but that doesn't mean it may not happen and I don't want to risk it. Can the head nurse refuse to consult or put me in touch with my doctor. Can they ask me to disclose my status (or HIV specific medications) to my workplace? Is this in violation of HIPAA or the ADA? Thank you in advance for a response.
Car / Auto Accident Lawyer
Your question is a little confusing, but assuming you mean your doctor's office is instructing you to reveal you HIV meds instead of agreeing to give you a letter stating a medical fact(assuming you are correct about the false positive and your doctor agrees with that), then you shoud make an appointment to see your doctor himself and not talk to the nurse and if the doctor refuses, then maybe cosider a new doctor. I understand your reluctance to give your employer or prospective employer your private medical information that does not impact your ability to do your job. You are correct that it is a violation of the law to discriminate for medical condition, but if you got fired not easy to prove why and that was reason etc. If you had to submit to a complete physical exam including blood work etc would a prospective employer find out anyway? I would put another effort to get the letter from your doctor,especially if the doctor is the one who advised you about the possible false positive testing results. Good luck
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