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Antidiscrimination Law: Necessary But Not Sufficient (From AIDS and the Health Care System, P 85-97, 1990, Lawrence O Gostin, ed. -- See NCJ-124158)

NCJ Number
124160
Author(s)
W E Parmet
Date Published
1990
Length
13 pages
Annotation
This analysis of the nature and impacts of discrimination against people infected or thought to be infected with HIV concludes that additional law reforms are needed to address both discrimination and health policy, that courts must be directed to hear discrimination cases promptly, and that administrative remedies must be strengthened.
Abstract
Discrimination accompanies HIV infection for many people, affecting the ability to work, obtain health care, and live as equal members of the community. Discrimination also complicates discussion of policy issues such as testing, contact tracing, and health care financing. The most important Federal law on the issue of discrimination will probably be the Americans With Disabilities Act. However, by itself this law cannot address all the issues related to discrimination and HIV infection. A single national law is needed that explicitly addresses HIV-based discrimination in both the private and public sectors. Such a law should cover employment, housing, education, public accommodations, insurance, and professional services. Prompt and meaningful relief through the courts and administrative procedures should accompany this law. Finally, additional laws that address health care financing for the critically ill are also needed.

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