NCJ Number
109457
Journal
University of Richmond Law Review Volume: 20 Issue: 2 Dated: (Winter 1986) Pages: 425-449
Date Published
1986
Length
25 pages
Annotation
This comment summarizes the available medical information on acquired immune deficiency syndrome (AIDS), discusses the application of the Federal and Virginia handicap antidiscrimination statutes to persons with AIDS, and assesses the extent of legal protection from discrimination for an AIDS victim.
Abstract
The summary of medical information on AIDS focuses on how the AIDS virus (HTLV-III) attacks the immune system, the nature of HTLV-III, the range of symptoms, the scope of the syndrome, and the effect of the syndrome on the workforce. Regarding legal protection against employment discrimination for AIDS victims, this comment concludes there can be no single, correct behavior model for employers to follow. Significant variables are numerous, including the effects of the syndrome on the individual, the type of contact in the workplace, and the extent of accommodation required or possible in a particular setting. Whether existing handicap statutes offer protection from discrimination for AIDS victims must be determined on a case-by-case basis based on these variables. Such flexibility leaves employers free to make being AIDS-free a job-related qualification when this is appropriate, and it can also protect AIDS victims from employment discrimination when job performance and coworkers' and the public's safety are not threatened by workers' having the disease. 154 footnotes.