NCJ Number
118223
Journal
Missouri Law Review Volume: 53 Issue: 4 Dated: (Fall 1988) Pages: 671-677
Date Published
1988
Length
7 pages
Annotation
Provisions in the 1988 Missouri AIDS legislation of most concern to employers are examined.
Abstract
The most important provision for Missouri employers with six or more employees involves nondiscrimination. This provision brings HIV infection and AIDS within the scope of the Missouri Human Rights Act and defines AIDS as a handicapping condition. The legislation stipulates, however, that individuals with the AIDS virus will not be protected by the Human Rights Act if they are contagious. Problems posed by the legislation for employers concern the nature of the progression of AIDS and the subjectivity of evaluating what reasonable accommodation is required by State law for handicapped employees. Another problem of the legislation is that it may pressure employers to accept workplace inefficiencies rather than run the risk of handicap discrimination litigation and the prospect of a jury trial with an award of punitive damages. Further, some employers are not happy with the responsibility and expense of educating employees about AIDS. In addition to discrimination restrictions on employers, the legislation may indirectly affect employers in that it restricts the conduct of insurers, health service corporations, and health maintenance organizations with respect to individuals who are infected with the AIDS virus. Employers generally hope that their burdens under any new or revised legislation will be decreased. 27 references.