updated 3/01/01

HIV INFECTION AND AIDS

Volume 6, Human Resources 
Chapter 1, HIV Infection and AIDS
Responsible Executive: Provost
Responsible Offices: University Health Services; Office of Workforce Diversity, Equity and Life Quality; Environmental Health and Safety; Employee Assistance Program (EAP)
Issued: October 1995
Revised: March 1, 2001
Updated: July 7, 2008
Errors or changes? Email us.

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CONTENTS 

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REASON FOR POLICY

ENTITIES AFFECTED BY THIS POLICY

WHO SHOULD READ THIS POLICY

RELATED DOCUMENTS

CONTACTS

DEFINITIONS

INTRODUCTION

What are HIV Infection and AIDS?

Governing Statutes
Responsible University Offices

Confidentiality and Release of Confidential HIV-Related Information

Reasonable Accomodation
Equal Opportunity
Responsibilities of Supervisors
Where to Go

Decisions to Limit Access

Safety Guidelines

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POLICY STATEMENT 

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REASON FOR POLICY 

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ENTITIES AFFECTED BY THIS POLICY 

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• Endowed Divisions and Contract Colleges of the University, excluding the Joan and Sanford I. Weill Medical College

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WHO SHOULD READ THIS POLICY 

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• All members of the Cornell University community

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RELATED DOCUMENTS 

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CONTACTS 

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Direct any general questions about the HIV Infection and AIDS Policy to the following offices:

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DEFINITIONS 

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INTRODUCTION 

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What are HIV Infection and AIDS?

HIV infection and AIDS are conditions in which the immune system is disabled. They are caused by the virus known as HIV. Infection with HIV may make a person highly vulnerable to serious and life-threatening conditions.

 HIV infection and AIDS are disabilities; therefore, it is illegal to develop or enforce generalized exclusions, limitations, or conditions of participation based on HIV infection or AIDS. A person infected with HIV must receive the same protection under the law, and should be afforded the same respect, understanding, consideration, and compassion given any others who have a disability.

HIV infection doesn't "just happen." Numerous, carefully designed and monitored scientific studies, supported by information published by the Centers for Disease Control, the American College Health Association, and the American Public Health Association, show that there is no risk of transmitting HIV through casual contact. These studies show that HIV does not survive long enough outside the body to be transmitted through the air, in water, or from objects and surfaces. Therefore, casual contact with persons infected with HIV or who have AIDS does not pose a risk to co-workers, classmates, teachers, students, roommates, friends, family, etc.

Such contact includes, but is not limited to, the use of public facilities (including rest rooms), sharing living space, and occupying the same office or classroom. Therefore, in academic, residential, or employment settings, students or employees with HIV infection do not pose a risk of transmission to others through such ordinary and casual contact.

Governing Statutes

As disabilities, HIV infection and AIDS are within the scope of several applicable laws prohibiting discrimination based on disability. These laws include, but are not limited to:

• The Americans with Disabilities Act of 1990 (ADA), which prohibits disability-based discrimination in employment and in accessibility of public accommodations and services, including transportation operated by private entities.
• The Civil Rights Act of 1991, which provides appropriate remedies for harassment and other forms of discrimination in the work place.
• The Rehabilitation Act of 1973, which prohibits discrimination based upon disability in federally-assisted programs, including those at post-secondary educational institutions.
• The New York State Human Rights Law, which prohibits disability-based discrimination in employment, housing, and the use of facilities of tax exempt educational institutions.

Responsible University Offices

Because of the serious nature of HIV infection, and the climate of fear and urgency that has developed around the AIDS epidemic, it is imperative that the unique nature of this disability be addressed. To accomplish this, four offices of the university are designated as Responsible Offices, each playing a critical role in administering this policy:

• Gannett: University Health Services, for confidential HIV testing, counseling, and medical care and information for students, faculty, and staff; and for student education programs;
• Office of Workforce Diversity, Equity and Life Quality, for issues of confidentiality, reasonable accomodation, harassment, and other forms of discrimination;
• Environmental Health and Safety, for issues of bodily fluid handling and safety;
• Employee Assistance Program (EAP), for case management, and referral for education and training.

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PROCEDURES 

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Confidentiality and Release of Confidential HIV-Related Information

The university complies with all applicable federal, state, and local laws that safeguard the confidentiality of people with HIV infection or AIDS. Revealing confidential HIV-related information about people with HIV infection or AIDS without their written consent is in violation of this policy and may also be prohibited by law. Disclosure without the protected individual's consent may lead to harassment and other forms of discrimination against the protected individual, and may create personal and institutional liability.

 As prescribed by the Americans with Disabilities Act, agents of the university (see the "Definitions" Section of this document) may not release information regarding a person's HIV infection or AIDS to anyone except:

• managers and supervisors for purposes of providing reasonable accommodation (see the "Reasonable Accommodation" segment of this document);
• emergency medical personnel, who may be informed of an individual's disability status only if the situation requires emergency medical treatment or during emergency procedures;
• the federal government for purposes of compliance with the Americans with Disabilities Act, Sections 503 and 504 of the Rehabilitation Act of 1973, and other applicable law.

No others have the right to know of a person's HIV status, health, or medical condition.

The legal requirements governing confidentiality and release of HIV and AIDS-related information include the following:

• No person is authorized to request or require a person to provide information about or confirmation of any medical condition, except as necessary for health care, reasonable accommodation, insurance, disability benefits, or compliance with federal regulations. Any information received for these purposes must be kept confidential.
• No person, college, or administrative unit will keep any lists or records specifically identifying individuals tested for the HIV virus or antibody, or who have been diagnosed as having HIV infection or AIDS, except as specified in this policy. Cornell University is required by federal law to invite individuals to identify themselves as having disabilities for the purposes of reasonable accommodation, if needed. Pursuant to a federal audit, the university may be asked to provide a list of employees who have identified themselves as having disabilities for purposes of demonstrating the institution’s compliance with applicable federal laws.
• Agents of the university who become aware, in the course of their work, of an HIV-infected employee or student must maintain confidentiality. Exceptions may be made only with the written consent of the HIV-infected individual.
• No person, group, agency, insurer, or other entity will be provided HIV-related information regarding any person without the prior written and signed consent of that person.
• Medical and counseling records concerning HIV-infected students or employees must be kept confidential. Any release of HIV-related information by health care providers is strictly governed by the New York State HIV Confidentiality Law.

 

Reasonable Accomodation

The university will make reasonable accommodation for academic or non-academic employees and students with HIV infection or AIDS , as set forth in applicable non-discrimination and equal opportunity laws that protect persons with disabilities. Colleges and administrative units will make reasonable modifications or adjustments to the work or academic environment used by employees and students with HIV infection or AIDS . Such modifications or adjustments must also ensure equal access to benefits and privileges afforded those without disabilities.

Equal Opportunity

The university supports equality of educational and employment opportunity. No person will be denied admission to any educational program or activity or be denied employment based on HIV infection. Departments and units must comply with the following:

• Employees or applicants for employment who have HIV infection or AIDS will not be discriminated against in recruitment, hiring, training, promotion, transfer, or any other terms and conditions of employment based on their disability.
• Faculty members, instructors, or teaching personnel with HIV infection or AIDS will not be discriminated against in tenure decisions and other terms and conditions affecting their employment with the university based on their disability.
• Employees with HIV infection or AIDS will be allowed to continue working as long as they are able to perform the essential functions of the job, with or without a reasonable accommodation.
• Students or applicants for study with HIV infection or AIDS will not be discriminated against in admissions or financial aid decisions based on their disability.
• Students with HIV infection or AIDS will not be discriminated against, based on their disabilities, in educational, residential, extracurricular, or other opportunities made available by the university.
• Students with HIV infection or AIDS will be allowed to continue studying as long as they are able to maintain good academic standing.

Responsibilities of Supervisors

Supervisors are prohibited by law and applicable university policies from discriminating against an HIV-infected person based on disability.  Supervisors are required to make any reasonable accommodation for a student or employee with a disability, in order to ensure equal access to the terms, conditions, benefits, and privileges of employment or academic study.

If a supervisor is told by someone about his or her own HIV infection or AIDS status, this supervisor may seek guidance from the Office of Workforce Diversity, Equity and Life Quality or other appropriate offices listed in the “Contacts” Section of this policy. In addition, supervisors should do the following:

1. When reasonable accommodation is requested, learn the nature of the limitations, i.e., how does the disability limit the person to the extent that he or she is unable to perform the essential functions of the job or academic program without reasonable accommodation.

2. Contact the Office of Workforce Diversity, Equity and Life Quality or the Employee Assitance Program to arrange for medical documentation from the person’s attending physician(s) that outlines the person’s limitations with respect to the essential functions of the job or academic program and includes suggestions as to the type of reasonable accommodation that can be provided to the person.

 3. Make reasonable accommodation. For assistance in determining or making this accommodation, consult with the Office of Workforce Diversity, Equity and Life Quality.

 4. If the person makes an accommodation request that cannot be granted by you alone, explain to the individual that he or she must make the decision whether or not to proceed with further requests for accommodation that may require broader disclosure of the HIV infection or AIDS status.

 5. Inform the person of his or her rights under the law concerning reasonable accommodation and confidentiality.
 

Caution: Supervisors must maintain strict confidentiality throughout these procedures.

Where to Go

Every member of the Cornell community should have access to up-to-date, accurate, and understandable information about HIV transmission and prevention.

• For answers to questions about confidentiality, reasonable accommodation, or equal opportunity, contact the Office of Workforce Diversity, Equity and Life Quality.
  
  
• For answers to questions about safety precautions in the workplace, classroom, residence hall, or any other public facility, contact the Department of Environmental Health and Safety.
  
  
• For educational brochures, posters, books, videotapes, individual consultations, group workshops, or referrals, contact the Health Promotion Office at Gannett: University Health Services.
  
  
• For private counseling on protecting yourself and others from HIV infection, to learn about HIV testing options, or to receive support regarding a positive HIV diagnosis (yours or someone else's) contact Gannett: University Health Services or your private physician. If you are an employee of the university, you may also contact the Employee Assistance Program (EAP).
  
  
• For reasonable accommodation, contact your supervisor, the Office of Workforce Diversity, Equity and Life Quality, or Disability Case Mangement and Employee Assistance Program.
  
  
• For redress of alleged discrimination or harassment, contact the Office of Workforce Diversity, Equity and Life Quality.
  
  
• For redress of an alleged breach of confidentiality, contact the Office of Workforce Diversity, Equity and Life Quality.

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SPECIAL SITUATIONS 

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Decisions to Limit Access

Unusual situations may arise when a person’s medical condition may affect public health and safety, making modified or limited access to certain facilities, activities, or services necessary. Such determinations may only be made by medical staff at University Health Services, on a case by case basis, after careful consideration of the particular facts.

 If you believe that such a situation has arisen, contact University Health Services at Gannett Health Center. A determination will be made in consultation with the individual involved, consistent with applicable law.

Safety Guidelines

As protection for members of the university community, departments must follow safety guidelines promulgated by the United States Public Health Service and the Occupational Safety and Health Administration (OSHA) for the handling of blood, blood products, or other bodily fluids. A printed copy of these guidelines is always available at worksites where these fluids are handled. These guidelines require that all students and employees who routinely expect to encounter blood, blood products, or other bodily fluids in the course of their study, campus activity, or employment, receive training on procedures and equipment to minimize risk from contact with such substances.

 For specific information on safety guidelines, as well as safety education and training, contact the Department of Environmental Health and Safety.

 Caution: In an emergency situation, contact the Cornell Police.

 

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RESPONSIBILITIES 

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You	Read, understand, and comply with the Cornell University HIV Infection and AIDS Policy.  Maintain confidentiality when handling HIV or AIDS-related information.
Department of Environmental Health and Safety	Monitor and enforce adherence to this policy regarding bodily fluid handling and other safety procedures.
Employee Assistance Program (EAP)	Provide supervisors and advisors with appropriate information to enable them to assess individual and group needs for education, intervention, and resources to carry out the expectations and mandates of this policy.
Gannett: University Health Services	Provide current information regarding HIV infection and AIDS, including information about transmission, prevention, risk reduction, testing resources (on and off campus), workplace/academic rights and responsibilities, resources, and services.   Provide confidential medical care and counseling for students and employees who are infected with HIV and/or have related concerns. Provide support services and/or referrals to community agencies for students and employees with HIV infection or AIDS or for those with related concerns.
Office of Workforce Diversity, Equity and Life Quality	Implement and monitor the university's affirmative action/equal opportunity obligations under federal, state, county, and local law.
Supervisors and Faculty Members	Make HIV infection and AIDS-related resources available to individuals who report to you, when requested.   Make reasonable accommodation for students or employees with HIV infection or AIDS who request such accommodation.   Maintain confidentiality when handling HIV or AIDS-related information.