AIDS (Acquired Immune Deficiency Syndrome) in the Workplace (From AIDS and the Law: A Guide for the Public, P 109-125, 1987, Harlon L Dalton and Scott Burris, eds. -- See NCJ-107949)

• NCJ Number: 107952
• Author(s): A S Leonard
• Date Published: 1987
• Length: 17 pages
• Sale Source: Yale University Press
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article discusses legal principles that are potentially applicable to employers' handling of employees with acquired immune deficiency syndrome (AIDS) and considers their consequences for the rights and responsibilities of employers and employees.

Abstract

At the heart of the legal analysis is the conceptualization of AIDS, AIDS-related complex, and seropositivity as 'handicapping' conditions or 'disabilities.' Federal and most State handicap laws prevent discrimination in hiring and firing based on a handicap that does not hamper job performance. Relevant cases suggest that the courts will view AIDS as a handicap under such laws. The defense of employer medical expense and the anxiety of coworkers and customers are not likely to be effective defenses in discrimination cases. Other State and Federal statutes aimed at such issues as pension protection and unemployment insurance may also affect employment decisions involving persons with AIDS. In dealing with employees fearful of working with AIDS carriers, employers should adopt an educational and counseling approach rather than discipline. Given that AIDS cannot be transmitted through the typically casual contacts of the workplace, employees' fears should subside upon being so informed by knowledgeable persons.