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NCJ Number: 118962 Find in a Library
Title: AIDS in the Workplace: A Practical Guide for Employers
Journal: Practical Lawyer  Volume:35  Issue:1  Dated:(January 1989)  Pages:35-40
Author(s): M J Lotito
Date Published: 1989
Page Count: 6
Type: Issue Overview
Format: Article
Language: English
Country: United States of America
Annotation: Laws and statutes may limit an employer's discretion in dealing with Acquired Immunodeficiency Syndrome (AIDS) in the workplace.
Abstract: AIDS is recognized as a handicap under the Federal Vocational Rehabilitation Act of 1973 and various State laws. Employers are restricted from inquiring whether an employee has AIDS unless the handicap or disability substantially interferes with the person's ability to perform the job sought. Under the Act, employers may require physical examinations after a job offer is made. If an employee is otherwise qualified, he cannot be refused employment because he has AIDS. The Act imposes an obligation on employers to accommodate an applicant's or employee's disability. Individual or group refusal to work with a co-worker who has AIDS are supported by the laws based on reasonable and good faith belief that there is a real danger of death or serious injury. However, if the employer provides education about the AIDS virus and the risks of transmission in the workplace, it will be difficult for employees to establish reasonable apprehension.
Main Term(s): AIDS/HIV transmission; Employer-employee relations
Index Term(s): Equal opportunity employment; Work attitudes
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