NCJ Number
107319
Journal
Maryland Law Review Volume: 46 Issue: 2 Dated: (Winter 1987) Pages: 284-319
Date Published
1987
Length
36 pages
Annotation
This article outlines the available medical facts about acquired immune deficiency syndrome (AIDS) and discusses the major legal issues these facts raise for employers.
Abstract
The review of the legal issues first focuses on whether AIDS victims are protected under Federal, State, and local statutes that prohibit discrimination on the basis of handicap and other protected characteristics. The article then examines the extent to which the accumulation and disclosure of information about AIDS victims violates their common law and constitutional rights and whether the employer who fails to disclose the plight of an AIDS victim to either the victim or coworkers runs legal risks. Other potential sources of employer liability to AIDS victims are also considered, such as unemployment compensation laws and common law tort actions. The article concludes by exploring the rights of the coworkers of AIDS victims under the National Labor Relations Act, the Labor Management Relations Act, the Occupational Safety and Health Act, and other pertinent statutes. 174 footnotes.