NCJ Number
126840
Journal
Saint Louis University Public Law Review Volume: 9 Issue: 2 Dated: (1990) Pages: 543-560
Date Published
1990
Length
18 pages
Annotation
Constitutional issues associated with AIDS discrimination and the right to privacy and public health efforts to combat AIDS are discussed, particularly with respect to the special occupational safety and health risks faced by health care providers and police who are likely to encounter blood in the workplace.
Abstract
Separate Federal courts have ruled that the constitutional right to privacy protects the confidentiality of an individual's status as an HIV-infected person, even that of a prisoner. No race-based AIDS court cases have been reported, although HIV infection disproportionately affects Hispanic and African Americans. HIV policies that adversely affect these two groups may become subject to the strict scrutiny applied to race. AIDS discrimination laws hold that those with HIV should be treated with the same fairness accorded anyone with a physical handicap. All HIV-related policies must reflect sensitivity to the confidential nature of HIV-related information. Laws strictly regulate the disclosure of such information because of the powerful potential for social stigma of wrongful disclosure. The Occupational Safety and Health Administration (OSHA) has proposed rules to reduce risks to workers such as health care providers and police who encounter blood in the workplace. In place of attempts to identify and remove infected persons from the workplace, the Centers for Disease Control recommend using universal infectious disease control precautions. These recommendations have been codified in the proposed OSHA rules. 74 footnotes