Under what condition can an employee be required to submit to an HIV test?

An employee can be required to submit to an HIV test when it is considered a bona fide occupational requirement. This means that the testing must be directly related to the job duties and essential to the functions of the position. For example, in certain healthcare roles where employees may be exposed to blood or bodily fluids, an HIV test could be justified to protect both the employee and the patients they serve.

In such cases, the employer must demonstrate that testing is necessary to ensure the safety of others in the workplace and that there are no less intrusive means to achieve that safety. This necessity is critical because workplace health and safety standards often allow for certain medical tests if they are explicitly linked to the job's requirements.

Other options, such as company policy or management preference, do not provide a sound legal basis for mandatory testing if they are not supported by legitimate occupational health justifications. Legal requirements may exist in specific jurisdictions or industries, but they vary widely and do not universally apply to all employees.