NCJ Number
111756
Journal
Pennsylvania Lawyer Volume: 10 Issue: 3 Dated: (April 1988) Pages: 8-10,12,14,35
Date Published
1988
Length
6 pages
Annotation
For employers, acquired immune deficiency syndrome (AIDS) poses a myriad of legal concerns, including those related to handicap discrimination, common law claims, and a host of statutory problems.
Abstract
Under Federal, State, and local law, there is general protection for handicapped employees. While these laws generally do not address AIDS specifically, a U.S. Supreme Court decision recently held that a communicable disease may be considered a handicap within the meaning of the Vocational Rehabilitation Act. Thus, employers must be cognizant of their potential liability in cases involving employees or applicants with AIDS. In addition, a number of common law claims may be available to AIDS-infected individuals if adverse employment action is taken against them. These may include cases based on wrongful discharge when an employee is discharged for reasons contrary to a public interest. Additional claims could arise with respect to an employee's right to privacy and defamation of character. Other statutes with implications for employees with AIDS include provisions of the Employee Retirement Income Security Act, forbidding the termination of an employee in order to deprive him or her of medical or life insurance benefits; the Occupational Safety and Health Act, requiring employers to exercise reasonable care in the provision of a safe workplace; and Federal Labor laws. Additional issues relate to eligibility for workers' compensation and unemployment compensation.