The Texas Communicable Disease Prevention and Control Act prohibits all employers from testing for AIDS or HIV infection unless:
• Absence of the virus is a bona fide occupational qualification (BFOQ) reasonably related to the satisfactory performance of the duties of a job.
• There is reasonable cause for believing that a person with HIV or AIDS would be unable to perform the job safely and satisfactorily.
• There is no less discriminatory way to prove that the occupational qualification exists.
The Act requires that ...