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AIDS (Acquired Immune Deficiency Syndrome) Discrimination in the Workplace: The Legal Dilemma

NCJ Number
107435
Journal
Case and Comment Volume: 92 Issue: 3 Dated: (May-June 1987) Pages: 3-10
Author(s)
M R Brown
Date Published
1987
Length
8 pages
Annotation
This article examines legal issues bearing upon employers' treatment of employees with acquired immune deficiency syndrome (AIDS) and recommends elements of an employer's AIDS policy.
Abstract
Both Federal and State courts likely will treat AIDS as a handicap covered by the applicable discrimination laws, given that medical data have yet to show that it has been transmitted through casual contact characterizing the workplace. Employers, therefore, should respond to AIDS victims in the same manner as those with other disabilities or medical handicaps. Although an employer's policy should be a simple statement recognizing AIDS to be like any other long-term disability, a more comprehensive statement outlining specific policies and procedures is more useful. Such a policy should address how AIDS will be treated under various employee benefit plans, how persons with AIDS will be accommodated under employment discrimination laws, whether part-time employment or transfers will be available for employees with AIDS, and whether an employee assistance program will cover AIDS patients. The policy should also guide supervisors and managers in dealing with coworkers' reactions to AIDS patients. The implementation of a corporate AIDS policy should also guide supervisors and managers in dealing with coworkers' reactions to AIDS patients. The implementation of a corporate AIDS policy should be coupled with an employee educational program. 17 footnotes.