skip navigation


Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.


NCJ Number: 118375 Find in a Library
Title: Rehabilitating AIDS-Based Employment Discrimination: HIV Infection as a Handicap Under the Vocational Rehabilitation Act of 1973
Journal: Seton Hall Law Review  Volume:19  Issue:1  Dated:(1989)  Pages:23-54
Author(s): J F Baxley
Date Published: 1989
Page Count: 32
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: Because the "Arline" court and Congress have emphasized that irrational fear of disease contagion does not justify employment discrimination, courts should construe section 504 of the Vocational Rehabilitation Act of 1973 to protect HIV (human immunodeficiency virus)-infected persons and persons in publicly identified risk groups as long as those persons are capable of performing the essential functions of their jobs.
Abstract: Section 504 of the Vocational Rehabilitation Act prohibits employment discrimination against "otherwise qualified individuals with handicaps" in federally assisted programs or activities. In School Board v. Arline, the U.S. Supreme Court held that an individual suffering from tuberculosis, a contagious disease, can be considered handicapped within the meaning of section 504. In Chalk v. United States District Court, the Ninth Circuit Court of Appeals reversed a district court's denial of preliminary injunctive relief to a school teacher who was removed from classroom duty when his employer learned he had AIDS. The court determined that the teacher had shown probable success on the merits of his claim that an individual with AIDS was "otherwise qualified" for purposes of section 504. Also, on March 22, 1988, the Senate overrode President Reagan's veto of an amendment to the statutory definition of "individuals with handicaps," suggesting that the U.S. Supreme Court correctly construed section 504 in "Arline" and that the HIV-infected person will be protected under this statute. 172 footnotes.
Main Term(s): Rights of AIDS patients
Index Term(s): Discrimination; Employment; Federal Code; Persons with Disabilities
To cite this abstract, use the following link:

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.