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AIDS Disclosure Laws

There are a number of laws that have been passed regarding HIV and AIDS, with the majority of them dealing with disclosure and protecting HIV-positive individuals from discrimination. In most cases it is up to the individual to decide whom they disclose their condition to, though there are some exceptions.

  1. Reason for Disclosure Laws

    • Although HIV infection and AIDS are treatable to the point of allowing infected individuals to live relatively normal lives, a stigma still exists around AIDS that can lead to discrimination. AIDS disclosure laws are designed to help protect these individuals from unfair treatment due to their HIV status.

    Employers and Co-workers

    • HIV-positive individuals are generally not required by law to reveal their status to employers or co-workers. Laws are in place in most states to prevent unfair termination on the grounds of being HIV-positive in most professions.

    Friends and Family

    • When an individual is diagnosed as being HIV positive, they do not have to reveal their HIV status to any friends or family members except for a spouse. Likewise, health care providers are unable to disclose the HIV status of an adult to any friends or family of the patient without their consent.

    Medical Providers

    • While there generally are no laws requiring an HIV-positive individual to reveal their HIV status to medical providers, it is important to volunteer this information as part of a medical history. This allows the medical provider to stay safe and also gives them information that they need to provide proper diagnosis and treatment.

    Spouses and Partners

    • One major exception to AIDS disclosure laws in many states concerns spouses and sexual partners. It can be a criminal offense to knowingly have unprotected sex with someone without revealing your HIV status. Some states prosecute infection without disclosure as a manslaughter charge.

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