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    Joe abc's Avatar
    Joe abc Posts: 3, Reputation: 1
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    #1

    May 25, 2012, 10:12 AM
    HIV positive
    I have a manager who just told me he is HIV positive. He has been sick the last 3 days, and has not been at work. What do I do?
    rrett44556's Avatar
    rrett44556 Posts: 5, Reputation: 1
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    #2

    May 25, 2012, 10:17 AM
    Just be sympathic towards him
    rrett44556's Avatar
    rrett44556 Posts: 5, Reputation: 1
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    #3

    May 25, 2012, 10:17 AM
    Unless you're a doctor nothing you can do other then that
    zoe305's Avatar
    zoe305 Posts: 3, Reputation: 1
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    #4

    May 25, 2012, 10:37 AM
    If you have a close relationship, then you can call and check on him. Do not mention his status though! If you are not close, then there is nothing to do. Being HIV Positive is not the same as having AIDS, and with today's medication there is a good chance he may never have full blown AIDS. If the news scares you, talk to him about it. Become informed! The biggest illness we have in the US is that of ignorance. You cannot catch it from touching him, or sitting in his chair. It is not airborn. It has to get into your bloodstream to do any damage.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    May 25, 2012, 12:16 PM
    Treat him exactly as you would any employee who is out sick, You cannot treat any employee differently because of any type of illness.

    He may just have the flu if he is out sick,
    Joe abc's Avatar
    Joe abc Posts: 3, Reputation: 1
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    #6

    May 25, 2012, 12:53 PM
    Quote Originally Posted by Fr_Chuck View Post
    Treat him exactly as you would any employee who is out sick, You cannot treat any employee differently because of any type of illness.

    He may just have the flu if he is out sick,
    He is a manager in a restaurant and works with food. And what if he cuts himself?
    Curlyben's Avatar
    Curlyben Posts: 18,514, Reputation: 1860
    BossMan
     
    #7

    May 25, 2012, 01:07 PM
    Why is a MANAGER even in that sort of position?
    Joe abc's Avatar
    Joe abc Posts: 3, Reputation: 1
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    #8

    May 25, 2012, 01:12 PM
    Quote Originally Posted by Curlyben View Post
    Why is a MANAGER even in that sort of position ??
    We did know anything about his health issues when we hired him? Nothing surfaced until this week when he called in sick.
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
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    #9

    May 25, 2012, 01:56 PM
    This (starting at 5. below)is from health.asuw.org/healthquestions, but I wonder how many people would eat there if they knew that.
    A radio talkshow host once asked essentially-do you have enough faith in condoms to the extent that you would have sex with an HIV positive person? I don't think I would but I'm not much of a risk taker.

    "5. Eating at a Restaurant

    For some reason, restaurants make the imagination run wild. People write in with an endless string of scenarios, including a chef's accidental slip of the knife, a waitress with a scratch on her hand, and a piece of food that briefly fell off someone's plate and touched the table.

    But here are the facts: In all of those infectious fantasies, there simply wouldn't be enough HIV present to pose a risk. (In most of them, there's zero chance that HIV would be present at all.) In addition, HIV doesn't live long enough outside of the body for any restaurant scenario to carry a risk — that is, unless you run off and have unprotected sex with the waiter."

    The following is from the EEOC site;
    "The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination on the basis of disability. Title I of the ADA makes it unlawful for any employer with 15 or more employees (including a state or local government employer) to discriminate against a qualified applicant or employee because of a disability in any aspect of employment. In addition to protecting qualified applicants and employees with disabilities from employment discrimination, one ADA provision – the "association" provision -- protects applicants and employees from discrimination based on their relationship or association with an individual with a disability, whether the applicant or employee has a disability.[1]

    The purpose of the association provision is to prevent employers from taking adverse actions based on unfounded stereotypes and assumptions about individuals who associate with people who have disabilities. Thus, it makes unlawful actions such as refusing to hire an individual who has a child with a disability based on an assumption that the applicant will be away from work excessively or be otherwise unreliable, firing an employee who works with people who are HIV-positive or have AIDS based on the assumption that the employee will contract the disease, or denying an employee health care coverage available to others because of the disability of an employee's dependent. This document explains the requirements of the ADA's association provision and provides examples of how it applies to these and other employment situations."

    Unless there is something I haven't found yet, it appears that a person with HIV in the US would have grounds for a discrimination lawsuit (with possibly assistance from the EEOC) if any action was taken against them based solely on their HIV status.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    May 25, 2012, 02:01 PM
    What I would do is contact your local health department. Ask if you would be at risk by employing someone who is HIV positive. If they say no, you do nothing.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #11

    May 25, 2012, 02:02 PM
    First if he is a manager, he should not be working with food, he should be a manager, Looks like your business needs to seriously look at job duties and roles.

    Next if he cuts his self it is like any other employee who does. Any food that was on the work table is thrown out, the items being used and the cutting surface is cleaned properly.
    *** and that is not just wiping off with a cloth.

    You need to have a proper bloodborne pathagen rule and procedure in place for any spill, or body fluid or blood.

    Also including policy for taste spoons ( too many cooks reuse and not get a new spoon for each taste.) also some cooks and wait staff have a bad habit of licking a finger,

    All of this has to be enforced.

    If you have fear of hin around the food, you either do not know your policy in kitchen, or you don't have them and that is really scarry.
    Curlyben's Avatar
    Curlyben Posts: 18,514, Reputation: 1860
    BossMan
     
    #12

    May 25, 2012, 03:15 PM
    Quote Originally Posted by Joe abc View Post
    Quote Originally Posted by Curlyben View Post
    Why is a MANAGER even in that sort of position ??
    We did know anything about his health issues when we hired him? Nothing surfaced until this week when he called in sick.
    You misunderstand.
    I meant why would a manager be in a position to be able to cut themselves.
    It's not like they are preparing the food..

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