The North Carolina Communicable Disease Law covers all employers and prohibits discrimination in employment against employees because they have acquired immunodeficiency syndrome (AIDS) or human immunodeficiency virus (HIV) infection (NC Gen. Stat. Sec. 130A-148). The Law allows for civil suits in state court by individuals alleging employment discrimination. Remedies include reinstatement, up to 2 years of back pay, and attorney's fees.
Employer rights. Under the Communicable Disease Law, employers are allowed to:
• Require a test for AIDS virus infection for job applicants in preemployment medical examinations.
• Deny employment to a job applicant based solely on a confirmed positive test for AIDS virus infection.
• Include a test for AIDS virus infection performed in the course of an annual medical examination routinely required of all employees by the employer.