09 - Personnel Policies Amendment to Section 2.01

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6,11/2020 r Texas DSHS HIV/STD Program - HIV/STD Program Policy 090.021 • provide current and accurate scientific evidence that people with HIV infection do not pose a risk of transmitting the virus to co-workers through ordinary workplace contact; + provide workers with current information about HIV risk reduction for employees and their families; • avoid conflict between the infected employee and the employer regarding discrimination or other employment issues; • prevent work disruption and rejection of the infected employee by co-workers; • inform employees that they have rights regarding work continuation, confidentiality of medical and insurance records, and general health and safety; • provide specific and ongoing education and equipment to employees in health care settings who are at risk of exposure to HIV, and to assure that appropriate infection -control procedures are used; and • reduce the financial impact, legal implications, and other possible effects of HIV/AIDS in the workplace. 5.0 Development of Workplace Policy Content Individuals infected with HIV have the same rights and opportunities as other individuals. While some employers prefer a policy specific to HIV/AIDS and its unique issues, others prefer a general policy concerning illnesses and disabilities. A general po[iry should address HIV/AIDS in the same way as other major illnesses. We encourage use of the following statements in agency polity. Use of a person's HIV status to decide employment status, service delivery, or to deny services to HIV infected individuals is not acceptable. Employees who believe that they have been discriminated against because of HIV or AIDS should contact the personnel office to discuss the matter, or initiate action through the agency's grievance procedure. Other Legal options may also be available. This policy is consistent with current information from public health authorities, such as the Centers for Disease Control and Prevention (CDC) of the United States Public Health Service, and with state and federal laws and regulations. While the approach and resolution of each employee's situation may vary, similar issues may arise. A workplace policy should address the foLLowing issues about HIV/AIDS and other life-threatening illnesses or disabilities. A. Discrimination, The Amerkans with W5dbiUtiesAct0DA) of 2990 prohibits discrimination against people with disabilities, which include HIV and AIDS, In employment, public accommodations, public transportation, and other situations. A specific policy statement that no one will be denied employment or employment opportunities because of a disability, satisfies the employer and employee's need to address discrimination. Such a statement might be, 'This agency complies with the ADA protections of all people with disabilities against discrimination in job application procedures, hiring, promotions, discharge, compensation, job training, and other terms or conditions of employment: Managers may want to define ways in which they will deal with discriminatory actions. B. Desire and AbiLityto Work. A workplace policy should address the infected employee's desire and need to work, and the Infected employee's value to the workplace. Such a statement reassures employees that the employer supports them. The health status of someone with HIV may vary from healthy to critically ill In the work setting, the ultimate concern is whether or not the employee can satisfy job expectations. A policy statement may say, for example, "Procedures may be adapted to provide reasonable accommodation so that people with disabilities may remain employed and productive for as long as possible. ALL employees, however, are expected to perform the essential functions of their job with or without reasonable accommodation. C. Performance Standards. The ADA provides protections for disabled persons 'qualified" to perform his or her job. And although an employer may be expected to provide reasonable accommodation to a disabled employee or applicant; employers may terminate employees and refuse to hire individuals who cannot perform the essential functions of the job with or without the reasonable accommodation. One suggested statement is, 'While the ADA does protect disabled employees from employment discrimination, all employees, those with and without disabilities, have the same performance and conduct standards regarding hiring, promotion, transfer, and disrnlssM,' D. Reasonable Accommodation. The ADA requires employers to provide reasonable accommodations for employees with disabilities. Employers do not have an obligation to provide any accommodation that imposes an undue hardship on the employer. Specific questions about the issue of reasonable accommodation and undue hardship should be directed to staff responsible for coordinating the requirements of the ADA. Such a policy statement might read, 'The following options may be considered for people with HIV/AIDS: 1 • possible assignment or reassignment of job duties, • working at home, • leaves of absence, and https:/ANww dshs.state.tx.us/hivstd/policy/policies/090-021.shtm 2/4