NCJ Number
103424
Journal
Prosecutor Volume: 20 Issue: 2 Dated: (Fall 1986) Pages: 7-10
Date Published
1986
Length
4 pages
Annotation
Current policy and statutory and case law relating to homosexuality and autoimmune deficiency syndrome (AIDS) are reviewed in terms of employment implications.
Abstract
At present there is no federally protected right to homosexual activity, even among consenting adults in private. While local or State law may offer some protections, homosexual orientation is not covered by prohibitions against sex discrimination in jurisdictions where sodomy is criminalized, it may be treated like any other criminal act for the purpose of hiring, promotion, or termination. A memorandum from the U.S. Department of Justice puts forth the opinion that while employees with AIDS are protected under the Rehabilitation Act, programs receiving Federal funds could discriminate against an individual on the basis that there is fear of contagion among other employees, whether or not the individual concerned actually has AIDS. A number of States prohibit discrimination in employment of persons with AIDS, and others prohibit the use of screening test results in insurance applications and in employment decisionmaking. Additional legislation and court and administrative adjudication concerning AIDS will occur and law enforcement employers need to be aware of these quickly developing issues.