Employment Law skyrocketing costs of health care

Aravinda has been reading in the news lately of the skyrocketing costs of health care, particularly surrounding the HIV epidemic. She is concerned that her small 10-employee company would suffer a financial disaster if one of its workers contracted the virus since the company’s insurance costs would increase. Therefore, she wants to conduct a confidential HIV test of each present employee and future applicant. Aravinda has several concerns. First, what if an individual refuses to take the test based on the grounds of invasion of privacy? Second, if someone tests positive, can Aravinda refuse to hire or can she discharge her or him without violating federal law protecting employees with disabilities? Third, how can she otherwise protect against rising costs? Fourth, if an employee tests negative but Aravinda decides to terminate the employee anyway, is she liable for the appearance that the employee is HIV-positive and that Aravinda terminated her or him as a consequence of the test results? How can she ensure that the test results are kept confidential?

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