NCJ Number
116525
Journal
Barrister Magazine Volume: 16 Issue: 1 Dated: (Spring 1989) Pages: 4-9
Date Published
1989
Length
5 pages
Annotation
The case of a homosexual lawyer who contracted AIDS is examined, and discriminatory legal standards for lawyers who have AIDS are addressed.
Abstract
In this case, recognizing fear and overcoming it was the first test of the law firm's commitment to its employee. Employees likewise attempted to overcome their fear of touching or being near the lawyer. The lawyer was kept on the firm's payroll until he died, and he was covered by the firm's group health insurance until his benefits were exhausted. In another case, a lawyer accused his firm of firing him because he was showing visible signs of his AIDS illness. This lawyer filed a claim against the firm, but died before the claim was decided; his estate is continuing the suit. Lawyers are generally reluctant to talk about AIDS. A primary reason is the risk of being fired and the possibility of facing major medical expenses without insurance coverage. The legal community has partially blamed the American Bar Association (ABA) for its lack of a gay rights resolution and a strong policy statement on the societal effects of AIDS. However, the ABA approved a resolution in 1988 that supports Federal legislation to prohibit discrimination in employment, housing, public accommodations, or government services against an otherwise qualified person solely because that person has AIDS, an AIDS-related condition, or the HIV virus.