NCJ Number
118375
Journal
Seton Hall Law Review Volume: 19 Issue: 1 Dated: (1989) Pages: 23-54
Date Published
1989
Length
32 pages
Annotation
Because the "Arline" court and Congress have emphasized that irrational fear of disease contagion does not justify employment discrimination, courts should construe section 504 of the Vocational Rehabilitation Act of 1973 to protect HIV (human immunodeficiency virus)-infected persons and persons in publicly identified risk groups as long as those persons are capable of performing the essential functions of their jobs.
Abstract
Section 504 of the Vocational Rehabilitation Act prohibits employment discrimination against "otherwise qualified individuals with handicaps" in federally assisted programs or activities. In School Board v. Arline, the U.S. Supreme Court held that an individual suffering from tuberculosis, a contagious disease, can be considered handicapped within the meaning of section 504. In Chalk v. United States District Court, the Ninth Circuit Court of Appeals reversed a district court's denial of preliminary injunctive relief to a school teacher who was removed from classroom duty when his employer learned he had AIDS. The court determined that the teacher had shown probable success on the merits of his claim that an individual with AIDS was "otherwise qualified" for purposes of section 504. Also, on March 22, 1988, the Senate overrode President Reagan's veto of an amendment to the statutory definition of "individuals with handicaps," suggesting that the U.S. Supreme Court correctly construed section 504 in "Arline" and that the HIV-infected person will be protected under this statute. 172 footnotes.