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NCJ Number: 121626 Add to Shopping cart Find in a Library
Title: Expanding the Protection of AIDS Victims Under the Federal Rehabilitation Act: Unifying the Views of Courts and the Department of Justice
Journal: Washington University Law Quarterly  Volume:67  Issue:2  Dated:(1989)  Pages:627-641
Author(s): G Bass
Date Published: 1989
Page Count: 15
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
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Sale Source: National Institute of Justice/
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Box 6000
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United States of America
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: The U.S. Department of Justice has extended the protections of the Rehabilitation Act of 1973 to both symptomatic and asymptomatic carriers of the AIDS virus, thus making it illegal to discriminate against AIDS carriers in any federally-funded programs, activities, or employment covered by the Act.
Abstract: These protections were extended to all AIDS carriers under a Justice Department memorandum released September 27, 1988. However, for some time, lower courts had been uniformly extending the Act's protections to asymptomatic as well as symptomatic carriers of the AIDS virus. The Justice Department memoranda of 1986 and 1988 and relevant case law are discussed in detail. While the 1988 memorandum does not eliminate discrimination against HIV-infected individuals who are not substantially limited in major life activities by the disease, it goes a long way toward accepting the medical profession's view that those who are infected with the AIDS virus are actually handicapped. 85 footnotes.
Main Term(s): Rights of AIDS patients
Index Term(s): Class discrimination; Federal programs
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