Employers have no right to know. This is an arena into which the state has no right to intrude, or to compel intrusion by others. Employers will know if they employee’s work is satisfactory or unsatisfactory – what more do they need to know than that? If employers find out, they might dismiss workers – which is exactly why many employees don’t want to tell them.
If workers are forced to disclose the fact that they have HIV, the merit principle will go out the window. Even if not dismissed, their prospects for promotion will be shattered – because of prejudice, or the perception that their career has in any meaningful sense been ‘finished’ by their condition (which is often not the case as sufferers can work and lead fulfilling lives after diagnosis).
Even if not fired and career advancement doesn’t suffer, prejudice from co-workers is likely. From harassment to reluctance to associate or interact with the employee, this is something the employee knows he might face. He has a right to decide for himself whether or not to make himself open to that. Managers may promise, or be bound, not to disclose such information to other workers – but how likely is enforcement of such an undertaking?
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