Hiv in the Workplace.

Carla is the manager of a small restaurant in Canada. One day the ex-wife of her employee and cook Tom Waters comes into her restaurant and tells her privately that Tom discovered recently that he has HIV. She is a bit surprised by this information as Tom seems to be, as usual, upbeat and hard-working. She is unsure what to do with the information and wonders if she should ask Tom about his health and whether he is controlling his HIV with medical treatment. She is also worried that if it is true that Tom has HIV, people might find out and employees might quit and customers might start avoiding her restaurant. She heard that when employees and customers of another restaurant had heard that a cook had HIV they complained to the manager. When the manager refused to fire the cook, a few good employees quit and several customers stopped coming to the restaurant. She wonders if, assuming he has HIV, she should fire him, potentially leaving herself open to a lawsuit of discrimination based on disability, or send him home but leave him on the payroll. As it turns out, Tom doesn't have HIV but multiple sclerosis. So far he has been able to manage his symptoms and hide his condition by making up excuses for occasional absences related to doctor check-ups. In your analysis, discuss ideals, obligations, consequences and rights that she should consider. For example, would it be wrong for her to talk to Tom about his health, and be a violation of his rights? In your response to this question, research and refer to the legal rights and responsibilities of employees with a health condition/disability in a Canadian context. Also discuss whether Tom, who has MS, a potentially debilitating medical condition, has a moral duty to inform his employer of his condition. If she inquires about his health, would it be wrong for him not to mention having the disease? Here you could research MS and Canadian employment law.

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