Legal Case Scenarios

Scenario

Jared is a 33-year-old male who has human immunodeficiency virus (HIV). Jared is a chef who has recently been hired to work at a new high-end restaurant. HIV is a virus that affects the body’s immune system, specifically the CD4 cells, also known as T cells. The disease can over time destroy too many of the T cells that the immune system becomes too weak to fight off infections and other diseases. HIV is infectious and can be transmitted via bodily fluids, including blood, semen, and breast milk. Currently, there is no cure for HIV, but there are certain medications, known as antiretroviral therapy (ART), that can effectively control the virus (Centers for Disease Control and Prevention, 2016). Currently, Jared’s HIV is being controlled

From a legal perspective, Jared is correct in that he cannot be discriminated against for revealing his status and that he is not compelled to reveal his status at all to his coworkers or boss. From a medical perspective, Jared’s virus is very well controlled and is very unlikely to infect anyone else. Still, Jared is unsure of what he should do and is questioning what is the right choice and has presented to the clinic, where you work as a nurse, for

Waddell and Messeri (2006) found that disclosure to potential helpers is required to gain the most social support possible and that concealing one’s status can limit access to available resources, reduce potential support, and may lead to lower treatment rates. Huber (as cited in Kalichman, DiMarco, Austin, Luke, & DiFonzo, 2003), found that social support, can help to buffer the stress associated with living with HIV and can lead to better emotional health in this population, including a lower incidence of depression. On the other hand, disclosing one’s status is often hindered by the stigma associated with HIV and the fear of rejection and isolation (Deribe, Woldenmichael, Wondafrash, Haile, & Ameberbir, 2008). In a study done in Pakistan regarding stigma specifically in the workplace, researchers found that negative stigma in the workplace can result in negative workplace outcomes, which may lead to a loss of financial support (Bashir,