NCJ Number
113889
Journal
American Journal of Trial Advocacy Volume: 10 Issue: 3 Dated: (Spring 1987) Pages: 527-543
Date Published
1987
Length
17 pages
Annotation
AIDS presents several types of legal issues, including the possibilities of tort litigation by people exposed to AIDS, employer liability regarding occupational health, constitutional issues relating to individual rights and the protection of the public, and issues relating to discrimination in employment and education.
Abstract
People exposed to AIDS may use several legal theories to initiate lawsuits on the basis of battery, misrepresentation, intentional infliction of emotional distress, and negligence. Under certain circumstances, they may recover damages. Employers can use the recommendations of the Centers for Disease Control for health care workers in deciding about safety regulations and education to prevent their employees from coming into contact with the AIDS virus. However, court decisions indicate that discrimination related to employment or school attendance is not justifiable for either adults or children with AIDS. Finally, the United States Supreme Court's decision in School Board of Nassau County v. Arline can be used on a case-by-case basis to decide whether the hazards of the disease to the public outweigh the rights of the person infected with AIDS. 107 footnotes.