NCJ Number
117494
Journal
Mental and Physical Disability Law Reporter Volume: 13 Issue: 1 Dated: (January-February 1989) Pages: 70-77
Date Published
1989
Length
8 pages
Annotation
This article proposes a policy for dealing with AIDS and HIV infection in the work place, relying on case management and also anticipating and addressing divisive issues such as coworker anxieties, job transfers, an employer's duty to provide 'reasonable accommodations' to workers with AIDS, and work place testing.
Abstract
In establishing the context for the recommended policy, the article updates the epidemiology of the HIV infection and AIDS and reviews key legal developments, including the Federal Rehabilitation Act and State laws protecting handicapped persons. It is apparently settled that both AIDS patients and HIV-infected persons are protected under handicap discrimination laws. The State and Federal handicapped-persons protection laws reviewed in this article provide broad protections for HIV victims in the work place. The problem is that cases must go though several levels of appeal before appropriate remedies are ordered. All too often an employee is granted an injunction only after he has died. Faster, fairer resolution at the administrative or trial court level is essential for providing justice in these cases. Basic protections and just policies instituted by companies would be even better. For employers to deal with HIV infection and related diseases requires self-education, compassion, and a willingness to be innovative in the provision of reasonable accommodation. 116 footnotes.