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Recent Developments: Public Health and Employment Issues Generated by the AIDS (Acquired Immune Deficiency Syndrome) Crisis

NCJ Number
110199
Journal
Washburn Law Journal Volume: 25 Issue: 3 Dated: (Spring 1986) Pages: 505-535
Author(s)
M J Lazzo; C A McElgunn
Date Published
1986
Length
31 pages
Annotation
After summarizing the medical facts about acquired immune deficiency syndrome (AIDS), this paper identifies actual and potential public responses to AIDS victims and analyzes legal protections currently afforded such victims.
Abstract
AIDS is a virus that undermines the immune system, kills its victims, and is transmitted through the transfer of body fluids in sexual contact or through casual contact, any state effort to quarantine AIDS victims would be both legally and medically unsound. Due to the privacy protection afforded decisions involving pregnancy and marital intimacy, the state will not be able to prevent the spread of AIDS through the regulation of pregnant women or married couples. The state may be more successful in regulating the sexual activities of unmarried or homosexual AIDS victims. There is no legal justification for denying employment to AIDS victims. For AIDS victims not residing in areas with specific employment protections for AIDS victims, statutes prohibiting employment discrimination against the handicapped may apply. To prevent or address unreasonable protests by coworkers of AIDS victims, employers should educate the workforce about the disease. 254 footnotes.