A policy that bars HIV-positive inmates in Michigan prisons from working in food service jobs does not violate state law, according to the Michigan Department of Civil Rights. But though the policy may be legal, one leader in the Michigan Department of Corrections says he wants to change it.
The policy came under scrutiny in April when Michigan Messenger reported Michigan Department of Corrections official Russ Marlan stating the policy was in place to prevent the spread of the infection.
"A prison holds about 1,000, 1,200 people and as those 1,000 prisoners go through for breakfast, lunch and dinner, prisoners are scooping that food onto their trays," Marlan, who serves as MDOC's assistant director, said at the time. "So if a prisoner was HIV-positive and sneezed onto a food item and then a prisoner ate that food item and that prisoner had a lesion in their mouth they could contract the disease."
Another MDOC official, spokesman John Cordell, gave another explanation at the time, saying that life in prison runs on very different rules and it would be possible that a prisoner might feel an HIV-positive prisoner who was preparing and serving food was intentionally attempting to infect him. That, Cordell said, could lead the uninfected prisoner to attack the HIV-positive prisoner in "the big yard on Tuesday."
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In fact, MDOC policy does allow people with Hepatitis B and C to work in food service but under certain conditions. They are allowed to work as long as they don't have open cuts or sores, a runny nose or other obvious problems. Both viral infections which attack the liver have had infections linked to close contact, such as food service, by the Centers for Disease Control and Prevention in Atlanta. HIV is only spread via exchange of bodily fluids.
