If I was hired by the state to work in one of its state run mental health facilities and had to disclose ‘m HIV positive, is that legal?

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If I was hired by the state to work in one of its state run mental health facilities and had to disclose ‘m HIV positive, is that legal?

As part of the hiring process, in addition to a drug test and a criminal background check I had to complete a personal health assessment that asked very personal questions about health issues and whether I am under the care of a physician for any health issues. It felt quite invasive and I felt as though I had to disclose personal health information or I would not be hired.

Asked on January 2, 2016 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Employers and prospective employers may ask health-related questions that have some reasonable relationship to the job. If you are working in a mental-health facility, an attack by a patient, or at least trying to physically restrain a patient, is certainly a possibility. That makes the presence of blood-borne illnesses relevant, since it's far from impossible that you could be cut, bitten, get a bloody nose, etc. at work.


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