Boss: Prove you’re HIV-free. EEOC: See you in court — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Boss: Prove you’re HIV-free. EEOC: See you in court

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in Employment Law,Human Resources

Houston nightclub hotspot Diallo’s faces an EEOC lawsuit after the owner allegedly insisted an employee prove she was HIV-negative. The employee was fired when she refused.

The EEOC’s suit states the demand violated the ADA, which specifically bars employers from making medical inquiries that are not job related.

According to the complaint, the owner, who also manages the club, claimed to have heard from a third party that the employee was HIV-positive. Twice, he approached her about providing proof to the contrary, informing her that failing to do so would result in termination. He followed through on the threat.

The EEOC attempted to resolve the dispute through its conciliation process, but those efforts failed. That’s when it filed suit seeking an injunction, back pay with pre-judgment interest, reinstatement (or front pay), compensatory damages and punitive damages. The amounts will be determined at trial.

Note: There seems to be an epidemic of bad judgment going around Texas regarding HIV. A similar EEOC lawsuit has also been filed against an Austin nursing home.

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