NCJ Number
119160
Journal
Southwestern Law Journal Volume: 42 Issue: 2 Dated: (Fall 1988) Pages: 837-863
Date Published
1988
Length
27 pages
Annotation
Personnel managers, business owners, health care professionals, attorneys, and others in Texas and throughout the United States need to understand the legal implications of AIDS-related issues in the workplace and should take measures to help employers decrease their risk of financial liability and help the AIDS-infected employee cope with the reality of the disease.
Abstract
Both Federal and Texas laws will probably consider AIDS to be a handicap. Thus, employers should not discriminate against employees with AIDS, employees who have tested positive for HIV, or employees who are perceived as having AIDS, unless a real and substantial interference exists with the employee's ability to perform the essential tasks of the job. Employers should also try to accommodate the employee if possible by assigning the employee to different tasks. The implementation of an AIDS response plan on the worksite may also help reduce the risk of employer liability. Such a plan can help other employees as well as the public concerning AIDS and can help dispel rumors concerning AIDS transmission. Employers should also establish a formal AIDS policy long before the discovery of an employee with AIDS. Employers should also be advised by their attorneys of the current law regarding mandatory testing and what would be considered a bona fide occupational qualification. 235 footnotes.