The purpose of this policy is to address issues which arise when an employee is determined to be infected with HIV (Human Immunodeficiency Virus). For purposes of this policy, the term AIDS includes Acquired Immune Deficiency Syndrome, ARC (AIDS Related Complex or the presence of the HIV (also known as HTLV-III or LAV) antibody.
The Board of Education recognizes that AIDS is currently a significant medical and social problem. The Board desires to protect the rights of individual employees who may be infected with AIDS, as well as protecting uninfected students, employees, and the general public.
Currently available medical information indicates that there is virtually no risk that AIDS can be transmitted from one individual to another through the type of casual contact that occurs in the school setting. Nevertheless, in recognition of the considerable public concern about this disease, this policy is adopted.
| | | 1. | The Board recognizes that an employee with AIDS may be protected under laws which prohibit discrimination in employment against an otherwise qualified individual who:
|
| | | | a. | has a physical or mental impairment (including a physiological disorder of the blood or lymphatic system) that substantially limits one or more major life activities (caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, and working);
|
| | | | b. | has a record of such impairment;
|
| | | | c. | is regarded as having such an impairment.
|
| | | 2. | Factors to be considered when determining whether an individual is "otherwise qualified" include, but are not limited to:
|
| | | | a. | the nature of the risk (how the disease if transmitted);
|
| | | | b. | the duration of the risk (how long is the carrier infectious);
|
| | | | c. | the severity of the risk (what is the potential harm to third parties);
|
| | | | d. | the probability that the disease will be transmitted and will cause varying degrees of harm.
|
| | | 3. | The Superintendent or his/her designee shall review each case in order to determine whether the employee is capable of performing his or her job with reasonable accommodation.
|
| | | 4. | An employee with AIDS shall be treated the same as any other employee with a disability or medically disabling condition.
|
| | | 1. | Information concerning an employee's condition will be treated with the same confidentiality given to medical records.
|
| | | 2. | Records concerning the employee's condition will be maintained separately from other employee records.
|
| | | 3. | Such information may only be disclosed to:
|
| | | | a. | supervisory personnel as necessary for restrictions on job duties and for making any reasonable accommodations as discussed above;
|
| | | | b. | first aid and safety personnel where appropriate;
|
| | | | c. | other government officials as required by law;
|
| | | | d. | the employee and his or her designated physician.
|