§ 7.432. Detailed provisions of HIV/AIDS and related diseases workplace policy.
(a) Individuals or State employees with HIV infection or AIDS, or perceived to have these conditions, will not be discriminated against with regard to State services and with regard to appointment, transfer, promotion or other employment action. The Americans With Disabilities Act of 1990 (42 U.S.C.A. § § 12101—12213) and the Pennsylvania Human Relations Act (43 P.S. § § 951—963) prohibit this discrimination, as does section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A. § 794), The Civil Rights Restoration Act of 1987 (Pub.L. No. 100-259) (102 Stat. 28) and court decisions.
(b) No current or prospective State employee will be required to receive an HIV or AIDS antibody test, or other diagnostic test associated with HIV/AIDS, or reveal the results thereof as a condition of employment unless Federal or State law or regulations require this disclosure.
(c) State employees with HIV infection or AIDS may continue in their current jobs and work assignments as long as their health permits. If an employee with HIV/AIDS is unable to carry out essential job functions because of the illness, the employee will be afforded the same considerations as any other employee whose disability prevents the performance of essential job functions. Requests for reasonable accommodations should be honored to the extent practicable, consistent with the Americans With Disabilities Act of 1990 and the Commonwealth’s Personnel Rules. State employees with HIV or AIDS who request a transfer or reassignment due to their medical condition should have these requests considered, consistent with agency needs.
(d) Managers, supervisors and employees should be given the name of a contact person within their agency who will operate as the agency HIV/AIDS coordinator providing information and assistance on HIV/AIDS-related issues and questions.
(e) Agencies will provide ongoing education and information to employees about HIV/AIDS and related diseases. Effective education should be directed at improving services to the public and reducing chances of transmission of disease in Commonwealth work settings. Of particular concern is education for those State employees who provide health care and counseling to clients at risk for HIV, those in law enforcement and criminal justice, and those who make or advise on policy decisions concerning HIV/AIDS and related diseases.
(f) Federal guidelines for protection against exposure to blood and body fluids shall be adopted by Commonwealth agencies. These guidelines are issued by the United States Public Health Service, Centers for Disease Control and Protection (CDC). Agencies shall take steps to ensure that staff who have the potentialto be exposed to blood or body fluids implicated in the transmission of HIV follow specific Federal guidelines.
(g) State employees in need of more information on HIV/AIDS should contact their agency HIV/AIDS coordinator or human resource office. Additional information can be obtained from the Department of Health HIV/AIDS Factline, State and other public health centers and local HIV/AIDS support groups. State employees wanting an HIV or AIDS antibody test should be referred to the Department of Health’s testing centers.
(h) If an HIV or AIDS antibody test is desired by an employee due to a documented incident in the workplace, the test can be conducted during paid work hours and if there is a charge, costs will be reimbursed by the Commonwealth.
(i) HIV and AIDS-related information concerning State employees, dependents and clients shall be handled with strict confidentiality by agencies. Employee records that include HIV/AIDS-related information may not be filed in the Official Personnel Folder. Supervisory and management staff shall assure confidentiality when handling HIV/AIDS-related information, whether regarding employees or in the course of providing agency services. Agencies shall follow the Confidentiality of HIV-Related Information Act (35 P.S. § § 7601—7612) and applicable regulations related to protected health information.
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