NCJ Number
122244
Journal
Labor Law Journal Volume: 40 Issue: 7 Dated: (July 1989) Pages: 411-418
Date Published
1989
Length
8 pages
Annotation
This article identifies AIDS-related requirements in Federal and State law, discusses organizational responses to AIDS in the workplace, and analyzes relevant policy issues.
Abstract
The most frequently litigated issue of AIDS in the workplace is whether AIDS is considered to be a handicap under Federal and State law. Relevant case law is discussed that focuses on holdings that individuals suffering from contagious diseases could be classified as handicapped under the Rehabilitation Act of 1973. In October of 1988 the U.S. Department of Justice issued a memorandum stating that the Rehabilitation Act protects symptomatic and asymptomatic HIV-infected persons against employment discrimination. Other legal issues related to AIDS in the workplace include mandatory AIDS testing or screening, employers' obligations to reasonably accommodate AIDS victims, and employers' obligations to maintain a safe working environment for non-AIDS workers. An issue that has yet to be fully explored relates to the public's right to be protected from exposure to workers with AIDS. Two surveys conducted to ascertain employers' policies regarding AIDS in the workplace are discussed. Future public policy issues are also explored. 23 footnotes.