Every Employee's Guide to the Law by Lewin G. I Joel II

Author:Lewin G. I Joel, II [Joel, Lewin G.]
Language: eng
Format: epub
ISBN: 978-0-307-77993-9
Publisher: Knopf Doubleday Publishing Group
Published: 2011-02-02T00:00:00+00:00

Now, your employer doesn’t have to ask himself all of these questions before he shows you the door, but if he doesn’t, he may be leaving that door open for your return … with your lawyer.

By the way, in case you were wondering, if an employer forces you to take a drug test or extracts a blood sample without your consent, he faces additional charges of assault and battery.

AIDS TESTING

Let’s take it from the top: You aren’t going to get AIDS at work. Not unless you have a pretty weird job. And you can’t be discriminated against because you have AIDS (or if you are suspected of having AIDS). The fact is that AIDS is transmittable only by the kind of intimate contact most of us just don’t have on the job.

A 1987 U.S. Supreme Court decision listed the three factors that could be used to determine whether an employee can be refused a job or terminated because of any contagious disease (including AIDS). Those factors are:

The nature, duration, and severity of the risk.

The potential harm to others.

The probability of transmission.

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