An employee is denied health care coverage offered to all other employees when his employer switches to health care providers who require medical examination before offering coverage. The employee is diagnosed as HIV positive during the examination. Rising health care costs from the previous provider, attributed to a large extent to costs associated with this employee, was the reason for the switch in providers.

If you were a judge and this case was brought to your court, how would you decide the case?

Explain and defend your decision. Put yourself in the position of the employer in this case and defend your actions.

If you were a member of a state legislature, would you consider drafting a law to prevent the above actions in this case?