NCJ Number
111753
Journal
Labor Law Journal Volume: 39 Issue: 5 Dated: (May 1988) Pages: 273-285
Date Published
1988
Length
13 pages
Annotation
In School Board of Nassau County v. Arline, the U.S. Supreme Court affirmed the decision of the 11th Circuit Court of Appeals extending coverage of the Rehabilitation Act of 1973 to turberculosis.
Abstract
While directly addressing tuberculosis, the case will serve as a precedent for other communicable diseases, including acquired immune deficiency syndrome. The primary legal question addressed was whether the language and the history of Section 504 supported the inclusion of communicable diseases within the ambit of the Act's protection. This required that the Court balance the conflicting interests of the handicapped to be protected from discrimination against the rights of the public to be protected from the spread of communicable disease. Section 504 seeks to ensure that the handicapped have an opportunity to participate in the workplace by requiring federally funded programs provide reasonable accommodations for them. While the Court held that communicable diseases may qualify has handicaps within the meaning of the Act, it left unaswered a number of issues related to administration discretion and discriminatory intent. In general, courts have been split on these issues, and they will likely be left to case-by-case resolution. In the meantime, employers should proceed with caution. 45 notes.