ABSTRACT

In a recent United States 5th Circuit appeal (Leckelt v. Hospital District No. 1, 1990), the court upheld a hospital’s decision to fire a licensed practical nurse (LPN) who refused to disclose the results of his HIV antibody test. The hospital had requested that the nurse be tested because it was known that his roommate (with whom he had a homosexual relationship) had AIDS and had been treated at the hospital. The LPN was informed that he could not return to work until he submitted HIV test results, that if the results were positive he would be placed on leave with pay, and that if he refused to submit the results he would be fired.