August of 1986, one and a half years later.
In another case, John Chadbourne, a man diagnosed as having AIDS, was not allowed to return to work after battling a long illness. He filed a complaint with the California Department of Fair Employment and Housing in April of 1984. By July of 1984, Mr. Chadbourne was no longer capable of working full-time. He died in January of 1985. After his death, the Fair Employment Commission ordered the Raytheon Company, Chadbourne's employer, to pay back wages and interest to Chadbourne's estate in the amount of $4,359.60. The Commission also held that in the future, plaintiffs with similar cases should seek interim injunctive relief so that they could continue to work while still in good health.
To date, cases involving persons with AIDS have held that AIDS may be considered a handicap which comes under the protection of statutory anti-discrimination laws. However, the status of persons who are merely HIV-positive is less certain. Several lower court cases have held that HIV 10 seropositivity may also be considered a handicap.
The rights of children with AIDS to normal scholastic and family settings must be balanced against possible risks of infection to fellow classmates and family members. In 1986, the Center for Disease Control reported 312 known cases of pediatric AIDS. 60% of these cases came from the states of New York, California, Florida, and New Jersey.
The Education for All Handicapped Children Act states that all handicapped children are entitled to a "free appropriate education." This Act allows handicapped appropriate education." This Act allows handicapped children to be evaluated through state and local administrative agencies, then placed in an educational 13 program designed to meet their particular needs.
The definition of "handicapped children" provided in the Education for All Act would not include children with asymptomatic cases of AIDS. This de...