Is it right to fire a hair salon stylist for testing HIV positive?
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Who would be legally liable if a customer contracted HIV because of the stylist accidentally cutting both his and the customer's skin (or their wounds created at different times coming together)? Would anyone other than the customer himself/herself be responsible for the hospital charges, plus more for the negative impact this will have on the patient's remaining life? http://www.washingtonblade.com/2014/10/11/md-hair-salon-fires-stylist-hiv-status/ The American Civil Liberties Union of Maryland on Oct. 9 filed a discrimination complaint on behalf of a hair stylist who was dismissed from his job at a Prince Georgeâs County hair salon in August after he disclosed to his supervisor that he had just tested positive for HIV. ACLU of Maryland Legal Director Deborah Jeon said her organization is especially troubled that the Greenbelt Hair Cuttery informed Brandon Smith in a dismissal letter that it was required to let him go under a Maryland regulation prohibiting someone from working as a hair stylist who has an infectious or contagious disease such as HIV. The ACLU said in a statement that it has sent a letter to the Maryland Department of Labor, Licensing & Regulations requesting a clarification of the state regulation cited by the Hair Cuttery to justify its dismissal of Smith on Aug. 5, 10 days after he disclosed his HIV status. âYou donât get HIV by having your hair cut, and we cannot allow unfounded fears to drive workplace discrimination against Marylanders living with HIV,â Jeon said in the ACLU statement released on Thursday. ... âThe Hair Cuttery fired Brandon Smith notwithstanding the fact that he did not pose a significant risk to the health or safety of others, the applicable legal standard,â Jeon said in her letter.
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Answer:
A distant relative of mine was a nurse who contacted HIV from a needle accident. As I recall, he was on disability because his infection kept him from his medical career. Not only is it ethical, but it is already accounted for by the social safety net.
Aryeh White at Quora Visit the source
Other answers
I'm going to stick my neck out on this one and say that I think it's reasonable to disallow an HIV positive person from working in a field which may have a higher risk of injuries involving blood. I'm not sure how prevalent blood related accidents are in the hair salon industry, so the HIV positive individual in this story may have a viable defense. Of course accidents happen, so it's not logical to keep someone who is HIV positive unemployed simply because they have dangerous blood, but some careers may not be the best choice for someone who is HIV positive. A few obvious examples are: Tattoo artist Porn star Army medic
Kat Lightman
Curious: Will the ACLU defend the salon if something does happen and a customer is exposed? (Scissors and razors tend to be sharp.) Will the ACLU fund the losses incurred when word gets around and the stylist suddenly has now customers? (Marylander's unfounded fears aside, of course.) Where is the legal liability in this situation?
Rick Ireland
not only is it unethical,i am pretty sure it is illegal too. businesses are not allowed to discriminate based on HIV status. thats been a law for as long as i can remember. and in response to the guy saying who would want her touching their hair: --(deleted)-- EDIT: I'm sorry, after reading this answer again I realize that I was very disrespectful to another Quoran, I am very sorry about how I worded that. I have no intention of being rude or cruel to another for stating their opinion. A few years back a friend of mine died in a very disturbing way from complications of AIDS, she was a crackhead, and her home was always full of people, it was a crackhouse. Everyone knew she was dying, people avoided her and kept their distance because she was a transgender person with AIDS. When she died in her bed no one noticed her for three days, even though there were always people in and out of her room. I felt like I was the only person who treated her like a human. When I read things that imply that people living with AIDS need to be separated from those of us who are healthy I am reminded of this woman who was kind enough to let me hang out at her place even though I don't smoke crack. I respond without considering how cruel my words may be. I am very sorry if I offended anyone.
Josh Manson
Today, the answer is probable yes. However would you want some one working on you that was HIV positive?? And imaging if Betty had a sign that said " Hell my name is Betty and I am HIV positive" Would YOU want her to work on you ??
Karl Hoyer
Of course its right. Any salon that did not at minimum tell customers about this potential danger would be immoral and telling customers would mean losing most of them.
Glenn Watson
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