[afro-nets] Disclosure of HIV status to employers

[A. Odutola <chpss_abo2@yahoo.com>]

Disclosure of HIV status to employers
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Although confidentiality laws regarding disclosure of HIV status
may vary from country to country and in the US from State to
State, it is always valuable to remain aware of legal prece-
dences across the globe as they happen. The report below is an
attempt at awareness raising. Hope it's of interest. Enjoy!

A. Odutola
mailto:chpss_abo2@yahoo.com


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Kentucky Supreme Court rules doctor could disclose man's HIV
status to employer for workers' compensation claim (03/21/05)
http://www.thebody.com/kaiser/2005/mar21_05/hiv_disclosure.html?m90h
(Reproduced as "fair use")

The Kentucky Supreme Court on Thursday ruled 4-3 that workers'
compensation laws allow a doctor to disclose a patient's HIV
status to an employer for workers' compensation claims, the
AP/Lexington Herald-Leader reports. The case involved Steven
Barnett, an HIV-positive veterinary assistant who was bitten by
a cat on the job and sought medical care. Dr. Julio Melo, an in-
fectious disease specialist who treated Barnett, informed Bar-
nett's employer of his HIV status after he filed a workers' com-
pensation claim. Barnett later quit his job, saying that "the
office environment had become uncomfortable" after his HIV
status was revealed, and sued Melo for privacy violations, ac-
cording to the AP/Herald-Leader. The court ruled that state
workers' compensation laws require disclosure of health matters,
including HIV status, to employers who have financial responsi-
bility for an employee's injury. Justice William Graves wrote
for the court majority, saying, "By seeking benefits under the
act, Barnett placed his medical condition in issue," adding,
"Since the employer was required by law to pay the work-related
medical bills, the very same law gave the employer the right to
know the pertinent medical information." Justice Will Scott in a
dissenting opinion that was joined by two other justices said
that Melo did not have to disclose Barnett's HIV status to com-
ply with workers' compensation laws, according to the AP/Herald-
Leader (Chellgren, AP/Lexington Herald-Leader, 3/17).


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A. Odutola
Centre for Health Policy & Strategic Studies
34 Town Planning Way, Ilupeju
P.O. Box 7597, Ikeja, Lagos, Nigeria
Tel. +234-1-470-1255
Fax: +234-1-263-5285
mailto:chpss_abo2@yahoo.com