Don't Ask, Don't Tell Comes to the Workplace

Question

I've been going through the painful process of looking for a job for six months. I felt hopeful about snagging the last one--until the interviewer asked whether I was taking any prescription drugs. I was diagnosed HIV-positive three years ago. I'm currently symptom-free, but am taking a cocktail of drugs for treatment. I felt like I'd be damned either way for answering this question. Advice?

Answer 1

Your instincts were good. Since the Americans With Disabilities Act (ADA) was passed nearly a decade ago, it is flat-out illegal for employers to ask this question in an interview. The ADA prevents discriminating against people who have or are perceived to have a disability-and it protects them from hiring through firing.

At the hiring stage, all job decisions must ostensibly be based on an applicant's ability to do the job. You cannot be denied a job because you have a disability or others believe you do. Being diagnosed HIV-positive qualifies as a disability--and the U.S. Supreme Court recently ruled that is so even if you show no symptoms.

In reality, many employers have been slow on the uptake, continuing to pry into applicants' prescription drug use and other health issues. So in practice, the ADA here has worked about as well as the Don't Ask, Don't Tell policy for gays in the military. If asked about drug use in the future, your best bet is to steer the conversation directly to job-related tasks and find out the questioner's true concerns. For example, if the job requires quick thinking and talking, assure the prospective employer that you have no problem remaining alert during the workday--and perhaps mention a job you held recently that required just that.

Comments

@testike if anyone else have better opinion, it will be highly appreciated :)