AIDS Testing

Unlike testing for drugs, the ADA does not specifically address testing applicants or employees for HIV antibodies. Rather, HIV testing would be governed by the general provisions of the statute dealing with medical examinations. Since those provisions prevent requiring a medical examination of a job applicant before a conditional employment offer is made, an employer may not require an AIDS test before making a conditional offer of employment to a job applicant. The ADA would appear to allow HIV testing as part of a conditional offer medical examination, regardless of the nature of the job. As long as a conditional offer AIDS test meets the following requirements, the test itself would not have to be job-related and consistent with business necessity: - The employer gives HIV tests to all entering employees; - The test results are kept confidential; and - The results are used only in accordance with the ADA.