Under
both federal and
Unfortunately,
such discrimination still occurs, regardless of legal prohibitions. The Ohio
Civil Rights Commission or a private attorney can assist persons with HIV who
believe they have been subjected to discrimination.
Most
disability laws also prohibit housing discrimination. As such, people with HIV
cannot be evicted or denied housing because of their HIV status.
Most
disability laws prohibit discrimination in "public accommodations."
Under these laws, restaurants, shops, public transportation companies, and
funeral homes can not discriminate against people with HIV.
Unfortunately,
most cities and states do not prohibit anti-gay discrimination. However, gays
and lesbians who work in cities such as
In
general, employers can not test persons for discriminatory reason. Therefore,
pre-employment HIV testing will probably be viewed as a method of handicap
discrimination. There may be limited circumstances where an employer may test
employee (after hiring) for HIV. However, no one may order an HIV test in
The law
in this area is not fully developed; if your employer wishes to have you
undergo HIV testing, you should consult with an attorney before taking the
test.
Yes, in
general, the military can require such testing. It is important to note that
this form of testing by the military is rarely confidential.
In most
group health insurance policies, and in group life insurance policies under
$100,000, HIV testing is not allowed. However, HIV testing is permissible for
individual life and health insurance policies. Insurance companies may also
test for HIV in small group (under 25 persons)
policies. You should always check with an attorney if an insurance company asks
you to be tested for HIV.
Incidentally,
insurance companies can report the results of such a test to the Medical
Information Bureau (MIB), or other insurance reporting services. Under Ohio
Law, however, such a report must use a generic code and not a specific
diagnosis of HIV/AIDS.
Yes,
insurance companies may refuse to grant you insurance because you have
HIV/AIDS. A refusal of insurance may not happen with regard to a large group
(more than 25 persons) insurance policy.
Probably
not. This would
probably constitute an unfair insurance practice, which is unlawful. However,
many insurance companies try to argue that a person was infected prior to the
start date of their insurance policy; that person, the companies say, has a
pre-existing condition, and they can, therefore, refuse to pay that claim in
many circumstances. In addition, many companies refuse to pay for drugs or
medical treatments which are considered to be "experimental." If you
have been refused payment of a claim, contact an attorney, or the Ohio
Department of Insurance.
Hospitals
or clinics which receive federal funding (such as Medicare or Medicaid) cannot
refuse to treat such persons.
Doctors
or dentist who refuse to treat such persons are
considered "public accommodations," and would therefore be in
violation of appropriate disability laws. Check with an attorney in the event
of a refusal of medical treatment.
Doctor-patient
communications are generally regarded as strictly confidential. However, if you
are diagnosed with HIV infection, your name will be reported to the state
health authorities. You may also be asked, but you cannot be forced to name
your sexual partners.
In addition,
there are a limited number of persons to whom a doctor may disclose this
information without your consent. For example, a doctor may, under
Of
course if you sign a release (to your doctor, insurance company, employer,
etc.), you give up your rights to such confidentiality. Therefore, be careful
about what you sign.