NCJ Number
107893
Journal
Human Rights Volume: 14 Issue: 3 Dated: (Summer 1987) Pages: 26-29,48-52
Date Published
1987
Length
9 pages
Annotation
Since the modes of AIDS (acquired immune deficiency syndrome) transmission have been medically identified, any AIDS-related discrimination based on misinformation is subject to legal challenge under the 1973 Federal Rehabilitation Act or constitutional protections guaranteeing privacy, due process, and equal protection under the law.
Abstract
The 1973 Rehabilitation Act, as amended, prohibits discrimination in employment on the basis of handicap by Federal contractors and recipients of Federal financial assistance. Although no AIDS-related case has been decided under the act, in Arline v. School Board of Nassau County, Fla., the U.S. Supreme Court has affirmed a court of appeals ruling that contagious diseases are not to be excluded from the definition of 'handicap' under the act. This suggests that the courts should view AIDS in the same manner. Additionally, persons with AIDS and those perceived as having AIDS who are discriminated against by government or an agent of government have constitutional protections. Due process requires that a person be given adequate notice and hearing when deprived of entitled rights or interests. Also, substantive due process requires that any deprivation of rights be justified by a compelling governmental interest. Equal protection requires that AIDS patients not be discriminated against without a medical basis for such action. Privacy protections apply to the confidentiality of patient records.