NCJ Number
116621
Date Published
1989
Length
6 pages
Annotation
This chapter reviews State tort and contract claims available to employees with AIDS.
Abstract
Federal and State prohibitions against employment discrimination on the basis of physical disability or handicap may give rise to a claim for wrongful discharge when an adverse employment decision is made against a person with AIDS. Defamation claims, including libel and slander, may provide fertile ground for employer tort liability, where the employer makes a statement that an employee has AIDS, this information turns out to be incorrect, and the statements are broadcast to others. Invasion of privacy claims could result from employer communications regarding an applicant's or employee's AIDS condition or homosexuality. Company treatment of an employee with AIDS could give rise for a claim based on intentional infliction of emotional distress. However, the employee must prove that the conduct was intentional or in reckless disregard of consequences, was beyond the bounds of decency, and was the cause of severe and intolerable distress. An assault and battery charge may arise from an employee's fear of being tested for AIDS or from the test itself. Should an individual contract AIDS at the workplace, the employer could be accused of negligent hiring. Finally, a retaliatory discharge claim could be brought against the employer who terminates an employee who has exercised a right under State or Federal statute or in conjunction with a specific public policy.