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?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption