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AIDS, Labor Law, and Good Management

NCJ Number
116579
Journal
Labor Law Journal Volume: 40 Issue: 3 Dated: (March 1989) Pages: 183-190
Author(s)
M D Whitty
Date Published
1989
Length
8 pages
Annotation
An institutional philosophy should be developed to address the legal and sociological aspects of AIDS in the workplace.
Abstract
The threat and existence of AIDS among employees presents a variety of unique and challenging problems that provide an opportunity for personnel and labor relations professionals to practice preventive law. Proactive legal advice and management education can save employers money and time and avoid controversy. Employer and employee concerns can be addressed through educational sessions initiated by human resource professionals having the direct endorsement of top management. The law is clear regarding nondiscrimination respecting illness or handicap. The civil rights and civil liberties community is prepared to defend employees against employer abuse. For practical and moral reasons, organizational interests are best served through a proactive management policy that respects the legal and ethical rights of employees with AIDS. BankAmerica has a model policy and program for addressing AIDS among employees. Guidelines for managers are to maintain the confidentiality of an employee's health, contact personnel relations for help in managing employees with life-threatening illnesses, make reasonable accommodations for such employees, and refuse to cater to unreasonable fears regarding the transmission of the AIDS virus. 17 footnotes.

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