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Protection of AIDS (Acquired Immune Deficiency Syndrome) Victims From Employment Discrimination Under the Rehabilitation Act

NCJ Number
110944
Journal
University of Illinois Law Review Volume: 1987 Issue: 2 Dated: (1987) Pages: 355-378
Author(s)
T L Pabst
Date Published
1987
Length
24 pages
Annotation
The Federal Rehabilitation Act of 1973 adequately protects victims of employment discrimination that is related to acquired immune deficiency syndrome (AIDS).
Abstract
AIDS-related employment discrimination affects several distinct categories of employees, ranging from those who associate with a known high-risk group to those with the full-blown AIDS syndrome. The discrimination has resulted from the public hysteria regarding AIDS and is generally unfounded, because most employees infected with the human immunodeficiency virus pose no realistic threat of infecting coworkers, clients, or customers. In addition, working does not generally increase the risk that infected employees will acquire other infectious diseases or experience serious medical complications. The Rehabilitation Act prohibits employment discrimination based on handicap. Courts should extend the protection of the Act to employees infected with the AIDS virus. In making decisions about individual employees, courts should consider the specific factors and the extent to which employers must accommodate the infected employees. Thus, courts must protect the rights and interests of employers, the infected employees, and the public. 206 references.