HIV+ background investigation

#1

I would like to clarify one question about the US Security Clearance process, please:

During the background check is normal a HIV+ person be asked about his/her health situation and provide informations about this subject? Family, friends, ex’s and coworkers can also be asked if they know and share information about the HIV status of the candidate?

#2

I’ve never heard of this being required reporting nor questioning. Maybe in the 80s.

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#3

Hey,

Thank you for replaying. So, it would be ilegal to ask or investigate this subject even if the candidate mention during the interview that he is HIV+ or not reporting?

#4

I don’t know that it would be illegal if it came up. The response above only says that they have never heard of it being reportable or having it come up in questioning. I don’t recall ever seeing it mentioned here in the forums.

However, I can see this being, at least, a minor interest if it came up in an investigation. Some HIV transmission involves IV drug use or prostitution and these avenues ARE relevant to an investigation. But, with the state of current privacy laws, I can’t say that know.

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#5

I can’t comment on the legality of it because that’s not my area of expertise, but I’ve never heard of this coming up during any investigation.

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#6

Investigators are not allowed to blatantly ask any source about any issue - i.e. Tell me about his DUI arrest? Tell me about the his mental health counseling? The source has to bring up the topic. So, I have to ask if the person getting the clearance has ever been arrested…if the source says no (even though I know the person knows that the subject was arrested because the subject told me the source knows), I move on. Now, there are many times sources bring up topics and then they can be discussed. For example, at the end of the interview we always ask if there is anything else we should know? For example, I have had source bring up a person’s sexuality as something that could be used against the subject as blackmail…then we have to discuss the topic because they brought it up. So, if at the end of the interview, a person brought up the HIV+ status as something else we should know, or maybe it was brought up (by the source) as something that could be used against the subject as blackmail or coercion.

The only caveat to this entire thing is if there is an open public record that states the source would know about the information. For example, if the source was with the subject when he was arrested for DUI and the (public) court record stays the source was present…then we can ask about the specific arrest. But I don’t see how that would be the case in your circumstance.

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#7

If the candidate mentions it, then we can discuss it. Not sure why anyone would mention they had HIV unless the circumstances surrounding catching it is somehow illegal or throws a flag. Or if no one knows and you could be blackmailed. But normally that wouldn’t be known unless you told it. Or some type of record showed. Like you got kicked out the military for it.