NCJ Number
108990
Journal
Florida State University Law Review Volume: 15 Issue: 2 Dated: (Summer 1987) Pages: 221-278
Date Published
1987
Length
56 pages
Annotation
Statutes which protect the handicapped from discrimination also should protect people with disorders related to Acquired Immune Deficiency Syndrome (AIDS).
Abstract
This article examines the U.S. Supreme Court decision in School Board v. Arline and the effect it will have on AIDS-related discrimination. In Arline, the high court ruled that people who suffer from tuberculosis can be protected from employment discrimination by the Rehabilitation Act of 1973. It is believed that Arline is certain to affect people afflicted with AIDS-related disorders who suffer discrimination. Because the Rehabilitation Act, the primary Federal Law to remedy discrimination suffered by recipients of Federal funds, can be amended at any time to exclude people with AIDS-related disorders, an alternative means of recovery under State and local law must be considered. Provisions of the U.S. Constitution, acts of Congress, State law, and municipal ordinances, such as local civil rights ordinances, which might provide alternative measures of protection for those who suffer AIDS-related discrimination, are examined. There is a trend among States to use Arline to evaluate AIDS-related discrimination claims on the basis of scientific fact and medical knowledge. 252 footnotes. (Author modified abstract)