Glover v. Eastern Nebraska Community Office of Retardation
United States District Court for the District of Nebraska
686 F. Supp. 243 (1988)
- Written by Miller Jozwiak, JD
Facts
An employee of a state agency (defendant) died of AIDS. In response, state officials who ran the agency developed a policy of mandatory HIV/AIDS testing of agency employees. The policy required testing of employees in specific job titles, although it reserved the right to expand who would receive testing. The rationale was that these employees had extensive contact with agency clients, who would sometimes bite or scratch employees. Indeed, the employee who died had been repeatedly bitten and scratched, but the agency never followed up with those clients or notified them of the possible exposure to the disease. There was no evidence of widespread sexual abuse by agency employees against clients. In short, under these circumstances, the ordinary medical justifications for performing HIV/AIDS testing were not present. Even so, the policy mandated that certain employees submit to the invasive testing and did not give the employees an option to not learn of the test results. A group of employees (plaintiffs) sued the state agency to enjoin implementation of the policy on the grounds that the policy violated the Fourth Amendment.
Rule of Law
Issue
Holding and Reasoning (Strom, C.J.)
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