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Q: Does Tom, an employee, have a moral obligation to disclose his medical condition to Carla, his supervisor, – and, if so, at what point? Suppose a job applicant has a chronic, potentially
debilitating medical condition. Should he or she reveal that fact before being hired? Would it be wrong not to mention the disease if the interviewer inquires about the applicant’s health?
A: The decision whether and when to disclose the diagnosis to others is a very personal one for the persons with AIDS, ARC or who are HIV positive. [ As in the instances of other diagnoses of terminal illness, some people with fully developed AIDS choose to disclose the illness to supervisors and co-workers and some do not. According to California law an employee's medical diagnosis is personal
information and such information, if known by the employer, shall not be released without the employee's permission. The law does provide for some exceptions, for example, when the health plan or disability plan administrator needs to verify a claim for disability or other compensation. In all cases of illness, including AIDS, the employee's supervisor may not request or require a diagnosis to discern a particular illness, except as required for accommodation arrangements or to process medical disability claims. The employee may be asked for a physician's certification, at University expense, as to whether the employee is able to work, whether there are limitations on work due to illness or the amount of time needed for recuperation. If the employee discloses the illness, supervisors are expected to respond just as they would for any other serious illness. In the event that the employee is not able to continue working, he/she is eligible for accumulated sick leave, disability payments, and other medical leave to the extent provided for by current University policy. Reference: ]
Expert answered|aguas_aj|Points 200|
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Asked 11/19/2010 12:35:46 PM
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