The disease of AIDS has far-reaching effects on nearly every aspect of the law. Many of the cases involving persons with AIDS are precedent setting due to the unique nature of the illness. AIDS identifies weaknesses in our health care system and the way we interpret our civil rights laws. This paper will cover some of the areas of law that AIDS has particularly affected.
The Rehabilitation Act, Section 504,denies federal funding to those programs which discriminate because of physical handicap. This Act applies to those employers who receive federal funding, or are employed under government contracts.
A U.S. Department of Justice memo dated June 25, 1986, projected that AIDS would probably be considered a disabling condition based upon its effects on victims. The competency of the employee, and not his ability to transmit the disease, would determine whether a person was handicapped.
The Civil Rights Restoration Act of 1987 expanded the Rehabilitation Act to include persons with infectious diseases such as AIDS. Section 9 of this Act states that such persons are considered handicapped and thus protected under Section 504 as long as they do not pose a direct threat to other employees and are able to perform their job duties.
Most states, counties and municipalities also have laws or ordinances forbidding discrimination on the basis of physical handicap. These laws supplement federal laws such as the Rehabilitation Act and have been upheld by administrative law panels.
The procedure for hearing complaints under the Rehabilitation Act is often very slow. A complaint must first be filed with the Office of Health and Human Services. A complaint was filed in Department of Health and Human Services v.Charlotte Memorial Hospital in July of 1984. The complainant, a nurse, died of AIDS six months after the filing of the complaint. The Office for Civil Rights did not post its finding of discrimination until ...