103.15 Restrictions on use of an HIV test.
(1) In this section:
(a) “Employer" includes the state, its political subdivisions and any office, department, independent agency, authority, institution, association, society or other body in state or local government created or authorized to be created by the constitution or any law, including the legislature and the courts.
(am) “HIV" means any strain of human immunodeficiency virus, which causes acquired immunodeficiency syndrome.
(b) “HIV infection" means the pathological state produced by a human body in response to the presence of HIV.
(bm) “HIV test" has the meaning given in s. 252.01 (2m).
(c) “State epidemiologist" means the individual designated by the secretary of health services as the individual in charge of communicable disease control for this state.
(2) Notwithstanding ss. 227.01 (13) and 227.10 (1), unless the state epidemiologist determines and the secretary of health services declares under s. 250.04 (1) or (2) (a) that individuals who have HIV infections may, through employment, provide a significant risk of transmitting HIV to other individuals, no employer or agent of an employer may directly or indirectly:
(a) Solicit or require an HIV test as a condition of employment of any employee or prospective employee.
(b) Affect the terms, conditions or privileges of employment or terminate the employment of any employee who obtains an HIV test, as defined in s. 252.01 (2m).
(3) Any agreement by an employer or agent of the employer and an employee or prospective employee offering employment or any pay or benefit to an employee or prospective employee in return for taking an HIV test is prohibited, except as provided under sub. (2) (intro.).
History: 1985 a. 29, 73; 1987 a. 70 ss. 1, 36; 1987 a. 403 s. 256; 1989 a. 201 ss. 6, 36; 1989 a. 225; 1993 a. 27; 1995 a. 27 s. 9126 (19); 2007 a. 20 s. 9121 (6) (a); 2009 a. 209.
A police and fire commission is an “employer" under this section and may not test paramedic candidates for the HIV virus. 77 Atty. Gen. 181.
The rights of an AIDS victim in Wisconsin. 70 MLR 55 (1986).
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