AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies


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AIDS/HIV Testing

     Second Circuit concludes that in response to a public employee's FMLA request for leave, a city could inquire as to his HIV lab tests. Gajda v. M&B Transit Auth., #04-0608, 396 F.3d 187, 16 AD Cases (BNA) 645, 2005 U/S. App. Lexis 1095 (2nd Cir 2005). {N/R}
     Divided Illinois appeals court holds that a hospital may, but need not release the HIV results of a suspect to an injured police officer. Bitner v. Pekin Memorial Hospital, #3-00-0180, 317 Ill.App.2d 935, 741 N.E.2d 1075, 2000 Ill. App. Lexis 970. [35]
     Privacy: Hospital had no duty to disclose to a patient's spouse her HIV status. Rather it owed her a duty not to inform anyone (including her husband) with her written consent or a court order. N.O.L. v. Dist. of Col., #94-CV-199, 5 Health L.Rep. (BNA) 731 (D.C. App. 4/18/96). {N/R}
     Chicago police agree to drop HIV testing of applicants and to pay damages to two applicants who were rejected because they were HIV+. Doe v. City of Chicago, 883 F.Supp. 1126, 1994 U.S.Dist. Lexis 17154 (N.D. Ill.); 141 (31) Chicago D. Law Bull. 1, 33(1603) G.E.R.R. 265 [1995 FP 83]
     Appellate court upholds suit by a corrections officer to require the testing of an inmate that bit her. Doe v. Burgos, 638 N.E.2d 701 (Ill.App. 1994). [1995 FP 51]

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