ADS 407 - Acquired Immune Deficiency Syndrome in the Workplace

The policy ensures that employees with HIV/AIDS are treated with dignity and respect, and that their rights are protected. USAID Management is responsible for educating employees about HIV/AIDS and promoting a general acceptance of HIV-infected employees in the workplace. Supervisors are responsible for ensuring that reasonable accommodations are made to enable HIV-infected employees to perform their job duties. The Bureau for Management, Office of Human Resources, Performance Management and Employee Services Division, Employee Services and Benefits Branch, is responsible for providing information to HIV-infected employees regarding their rights to group life and health insurance benefits, disability leaves of absence, and other disability benefits. The policy directives and required procedures outlined in ADS Chapter 407 emphasize equal treatment of employees with HIV/AIDS, prohibiting discrimination against them. Employees with HIV/AIDS are allowed to continue working as long as they are able to maintain acceptable performance and do not pose a health or safety risk to themselves or others in the workplace. The Agency is responsible for providing current information to all employees about AIDS to improve their understanding of the disease. Reasonable accommodations for employees with HIV/AIDS, including part-time work schedules, work restructuring, details, or reassignments, shall be made in the same manner as they would for other employees whose medical condition impacts job performance. Leave requested by an HIV-infected employee shall be made in the same manner as it would for employees with other medical conditions. The policy also outlines procedures for assignments, confidentiality of medical information, benefits, testing for HIV/AIDS, and hiring. Foreign Service employees with evidence of immune suppression and/or symptoms shall be assigned to the United States and given a Class 5 clearance. Only temporary duty assignments within the continental United States of an HIV/AIDS-infected employee shall be approved or disapproved by the employee's immediate supervisor. The Agency shall treat all medical information obtained from an employee with HIV/AIDS or other medical conditions confidentially. No employee benefits shall be adversely affected by a positive HIV/AIDS test. All Foreign Service employees must be tested for the AIDS-causing virus at the time of being examined by the Office of Medical Services, Department of State. No employee shall be separated because of a positive HIV/AIDS test. The policy references several external and internal mandatory references, including the Rehabilitation Act of 1973, Section 503, and the USAID General Notice, August 15, 1994, HIV/AIDS Education Program. The policy also defines key terms, including Acquired Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC), Clearance Class 2, Clearance Class 5, Human Immunodeficiency Virus (HIV), and HTLV-III and LAV.