Bob's wife is HIV-positive due to a blood transfusion during an appendectomy 15 years ago. She is not yet sick, but takes medication to prevent the onset of AIDS. Bob occasionally needs to take time off from work to take her for testing at Johns Hopkins in Baltimore. Because of complaints about Bob's exposure to this disease, employees have asked HR to limit his contact with them and with customers. The bank has asked Bob not to eat in the lunchroom with the other employees and has placed Bob in a position where he has limited customer contact. Does this company have any potential ADA liability?

Question

Quizplus · Accepted Answer

The manager's actions suggest that he perceives Bob as having a disability, which triggers the "regarded as" provision of the ADA. Even though Bob's wife is the one with HIV and he himself is not infected, the manager's actions suggest that he believes Bob to have a disability or be at risk of developing one, which is enough to trigger ADA protections. The company may have discriminated against Bob by limiting his opportunities for contact with other employees and customers.

Bob's Wife Is HIV-Positive Due to a Blood Transfusion During