NCJ Number
118974
Journal
Kentucky Law Journal Volume: 77 Issue: 2 Dated: (1988-89) Pages: 403-420
Date Published
1989
Length
18 pages
Annotation
The right of persons with AIDS to be employed and to be protected from discrimination is discussed in relation to the Rehabilitation Act of 1973 and Kentucky law.
Abstract
Congress passed the Rehabilitation Act of 1973 to maximize the employability, independence, and integration into the workplace and community of handicapped individuals. The Act prohibits discrimination by the Federal Government, its large contractors, and programs receiving Federal financial assistance. Several States have concluded that AIDS is a handicap, and the broad coverage Congress intended the Act to have supports this conclusion. Individuals manifesting physical symptoms of AIDS qualify under the first category of the Act's definition of handicapped, physical or mental impairment substantially limiting one or more major life activities. Kentucky is one of two States that specifically excludes persons with communicable diseases from the protection of handicap discrimination laws. Until legislation is adopted by the Kentucky General Assembly or Kentucky courts interpret handicap discrimination laws to include persons with AIDS, there is no protection for such persons in the State. It is concluded that Kentucky must change its laws to prevent discrimination against persons who have AIDS. 137 references.