Steve Murphy is the Human Resources Manager at Duncan's Tires. He has heard a rumor that Arthur Bailey has HIV-AIDS. Arthur is employed as a mechanic and his job duties include putting on new tires and changing the oil in a routine car service. Steve called Arthur into his office and informed him that he would have to take an HIV test. Arthur told Steve there was no need for the test, that he was HIV positive. Steve told Arthur that he hated to do it, but he was going to have to terminate his employment, effective immediately.

Question

Quizplus · Accepted Answer

Arthur's termination is a violation of the Americans with Disabilities Act because his HIV status did not affect his performance on the job. The ADA prohibits discrimination against individuals with disabilities, including those who are HIV positive, as long as they can perform the essential functions of their job. Arthur's HIV status did not affect his ability to perform his job duties, so his termination would be considered discriminatory under the ADA. Additionally, an employer cannot require an employee to take an HIV test or disclose their HIV status.

Steve Murphy Is the Human Resources Manager at Duncan's Tires