AIDS and the Rehabilitation Act - After School Board of Nassau County v. Arline
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Authors
Pankow, Michael J.
Issue Date
1988
Type
Journal Article
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Abstract
INTRODUCTION|The spread of Acquired Immune Deficiency Syndrome ("AIDS") has been described as a potential health "catastrophe." The public has reacted in fear to the disease and its victims. As one court has observed, "AIDS is the modern day equivalent of leprosy." Widespread loathing towards AIDS victims stems from both misconceptions about the contagiousness of the illness and the stigma attached to its victims, primarily homosexuals. Until public perception is altered, AIDS victims will need the protection of the law while they try to lead normal lives. Congress, state legislatures, and local authorities have as yet generally not responded with laws specifically prohibiting discrimination against AIDS victims. Instead, AIDS victims seeking redress often rely on state and federal statutes which proscribe discrimination against handicapped people. Many state statutes are patterned after section 504 of the Rehabilitation Act (the "Act"), a federal statute prohibiting employment discrimination against the handicapped...
Description
Citation
21 Creighton L. Rev. 943 (1987-1988)
Publisher
Creighton University School of Law