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Questions and Answers: The ADA and Persons with HIV/AIDS

What if an employer has concerns about an applicant’s ability to do the job in future?

Employers cannot fire or choose not to hire a qualified person now because they fear the worker will become too ill to work in the future. The hiring decision must be based on how well the individual can perform at the present time. In addition, employers cannot decide not to hire qualified people with HIV or AIDS because they are afraid of higher medical insurance costs, workers’ compensation costs, or the potential for absenteeism.

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