U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Antibody Testing (From Sexual Orientation and the Law, P 14.1-14.38, 1987, Roberta Achtenberg, ed. -- See NCJ-117686)

NCJ Number
117691
Author(s)
C Bernard; A Rubenfeld
Date Published
1987
Length
38 pages
Annotation
Directed to attorneys, this discussion explains the nature of HIV antibody testing, the significance of positive test results, the relevance of results to public safety concerns, and the legal issues related to antibody testing.
Abstract
The discussion notes that testing is increasingly being used to screen people and that individuals with known positive results have been denied visits with their children, fired from jobs, forced onto medical leave, and denied medical and life insurance. In addition, some employers have fired employees simply upon learning that the employee took the test. Furthermore, employers, insurance companies, and courts are conditioning employment, insurance coverage, and legal rights on negative test results. The text explores why such uses of the test are inappropriate. It also discusses means of keeping results confidential, including client counseling and statutory protections, and outlines legal theories to redress breaches of confidentiality and their effects. Footnotes.