NCJ Number
117692
Date Published
1987
Length
51 pages
Annotation
Directed to attorneys representing persons with AIDS or AIDS-related complex, this discussion examines legal issues related to the termination of employment and provides guidelines for use in developing a litigation strategy for a terminated employee.
Abstract
The discussion emphasizes that time is the most crucial consideration involved. It also notes that the threat of litigation and the prospect of a large jury verdict and adverse publicity is sometimes enough to make an employer reinstate the employee and provide compensation for the lost wages and emotional distress suffered during the termination period. Attorneys are advised to make the continuation of a health care plan the top priority. They should then survey the existing Federal, State, and local law to determine the possibility of asserting a potentially viable claim of employment discrimination in the client's behalf. They should examine the Rehabilitation Act of 1973, State statutory and regulatory protection, local ordinances, and common law protection. They should also understand the requirement for exhaustion of administrative remedies. Other issues to consider are expedited trial dates, jury selection, and mitigation. Footnotes.